Young Offenders Amendment Regulations 2005 (WA)

No judgment structure available for this case.

PRINT POST APPROVED PP665002/00041

WESTERN 2849
AUSTRALIAN
GOVERNMENT

ISSN 1448-949X

PERTH, MONDAY, 27 JUNE 2005 No. 118 SPECIAL
PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.30 PM
© STATE OF WESTERN AUSTRALIA
YOUNG OFFENDERS ACT 1994
_________

YOUNG OFFENDERS
AMENDMENT

REGULATIONS 2005

27 June 2005 GOVERNMENT GAZETTE, WA 2851
Young Offenders Act 1994
Young Offenders Amendment Regulations 2005
Made by the Governor in Executive Council.
1. Citation

These regulations are the Young Offenders Amendment
Regulations 2005.

2. Commencement
These regulations come into operation on 1 July 2005.

3. The regulations amended

The amendments in these regulations are to the Young Offenders
Regulations 1995*.
[* Reprint 1 as at 21 November 2003.]

4. Part 3 Division 1 repealed
Part 3 Division 1 is repealed.

5. Part 5 repealed
Part 5 is repealed.

2852 GOVERNMENT GAZETTE, WA 27 June 2005
Young Offenders Amendment Regulations 2005
r. 6
6. Part 7 amended

The heading to Part 7 is amended by deleting “Gratuities” and
inserting instead —
“ Detainee gratuities ”.

7. Part 7A inserted
After Part 7 the following Part is inserted —

“
Part 7A — Detainee privileges

46A. Granting and withdrawing of privileges

(1) In this Part —
“authorised” means authorised by the superintendent;
“privilege” means a concession or luxury extended to
a detainee in addition to any rights provided by
statutory or common law.

(2) A privilege may be extended to a detainee at the
discretion of an authorised officer.
(3) An authorised officer may withdraw a privilege from
any detainee at any time satisfied that —

(a) the privilege is being misused;

(b)

the detainee has been involved in a breach of a rule made under section 181 of the Act;

(c)

continued provision of that privilege constitutes a threat to, or a breach of, the security of the detention centre; or

(d)

the detainee has use or possession of an article and that use or possession has not been approved or granted by an authorised person.

(4) An authorised officer must withdraw a privilege from a
detainee when requested to do so by the Director of
Juvenile Custodial Services.

27 June 2005 GOVERNMENT GAZETTE, WA 2853
Young Offenders Amendment Regulations 2005
r. 8

(5)

If a privilege is withdrawn by an authorised officer, the detainee may seek a review of the decision to withdraw that privilege by the superintendent.

46B. Privileges

(1) The privileges that may be extended to a detainee may
include access to —
(a) the canteen;
(b) recreation and sporting facilities;

(c)

a television set, radio, cassette player, compact disc player or computer game;
(d) musical instruments;

(e)

items of personal property approved by the superintendent;
(f) the library for recreational purposes;
(g) special visits.

(2) The superintendent may approve other items as
privileges.
”.

8. Part 8 repealed and Parts 8, 9, 10 and 11 inserted
Part 8 is repealed and the following Parts are inserted instead —

“
Part 8 — Responsibilities and discipline

of employees

Division 1 — Preliminary
47. Interpretation and application
In this Part —
“group worker” means a person appointed under

section 11(1a)(a) of the Act;

2854 GOVERNMENT GAZETTE, WA 27 June 2005
Young Offenders Amendment Regulations 2005
r. 8
“miscellaneous employee” means an officer or
employee appointed under section 11(1a)(b) of
the Act.
Division 2 — Employment generally

48. Application

(1) The “employment” provisions in this Division apply to group workers and miscellaneous employees but do not apply to persons appointed under section 11(1) of the
Act.
(2) This Division applies in addition to, and does not limit,
the provisions in Division 3.
49. Officers and employees of particular classes prescribed (section 11(1a)(b))

(1) The following descriptions of classes of officers and
employees are prescribed for the purposes of
section 11(1a)(b) of the Act —
(a) medical staff; (b) teaching staff; (c) program support staff;
(d) detention centre support staff.

(2) The following officers and employees are included in
those classes —

(a) medical staff — persons who have undergone medical, nursing or health training and hold qualifications indicating successful completion of that training;
(b) teaching staff — persons who provide
vocational trainers and social trainers;

27 June 2005 GOVERNMENT GAZETTE, WA 2855
Young Offenders Amendment Regulations 2005
r. 8

(c) program support staff — counsellors, program facilitators and librarians;
(d) detention centre support staff — cleaning staff, laundry staff, gardening staff, vehicle driving staff, maintenance staff and hairdressers.

50. Functions of officers and employees of particular classes prescribed (section 11(2))
The functions of miscellaneous employees are —

(a) those set out in their contracts of employment;
(b) the duties described in section 11A of the Act for all employees;
(c) to obey all lawful orders given to them by the superintendent and any other officer having authority or control over them.

51. Circumstances in which employment may be terminated (section 11(1a))

(1) A group worker or miscellaneous employee who is, in
the opinion of the chief executive officer, unable to
perform his or her duties properly by reason of his or
her physical or mental health may be required by the
chief executive officer to submit to a medical
examination by a board consisting of a medical
practitioner nominated by that group worker or
miscellaneous employee, and 2 medical practitioners
appointed by the Executive Director, Public Health.
(2) If, 7 days prior to the day of examination, the group
worker or miscellaneous employee has not nominated a
medical practitioner who has consented to attend the
medical examination, the Executive Director, Public
Health may appoint all 3 medical practitioners to
constitute the board.

2856 GOVERNMENT GAZETTE, WA 27 June 2005
Young Offenders Amendment Regulations 2005
r. 8

(3) If a board, or the majority of the members of a board,
reports to the chief executive officer that a group
worker or miscellaneous employee is unable to perform
his or her duties properly by reason of his or her
physical or mental health, the chief executive officer
may terminate the employment of the group worker or
miscellaneous employee.
(4) A group worker or miscellaneous employee who
provides false, incomplete or misleading information in
or with respect to an application for engagement as a
group worker or miscellaneous employee may have his
or her employment terminated by the chief executive
officer.
(5) Where the chief executive officer is of the opinion
during, or at the end of, the period of probation of a
group worker or miscellaneous employee that the
group worker or miscellaneous employee is
unsatisfactory in the performance of his or her duties,
or unsuitable to be a group worker or miscellaneous
employee, the chief executive officer may terminate the
employment of that group worker or miscellaneous
employee.
(6) The chief executive officer may extend the period of
probation for a group worker or miscellaneous
employee.
52. Notice prior to termination of employment (section 11(1a))

(1)

A group worker or miscellaneous employee whose employment is terminated under regulation 51(3) is entitled to one month’s notice from the chief executive
officer or to one month’s pay in lieu of notice.

27 June 2005 GOVERNMENT GAZETTE, WA 2857
Young Offenders Amendment Regulations 2005
r. 8

(2) A group worker or miscellaneous employee who leaves
his or her employment of his or her own accord must
give one month’s notice in writing or must forfeit one
month’s pay.
(3) A group worker or miscellaneous employee on
probation must give 2 weeks’ notice of an intention to
leave the employment, or must forfeit 2 weeks’ pay.
(4) If a group worker or miscellaneous employee on
probation has his or her employment terminated for
reasons other than regulation 51(4) or disciplinary
reasons under Division 3, the group worker or
miscellaneous employee must be given 2 weeks’ notice
by the chief executive officer or 2 weeks’ pay in lieu of
notice.
(5) Where a period of notice is required to be given under
this regulation, the chief executive officer may, without
prejudice to the entitlement of the group worker or
miscellaneous employee to pay, abridge or dispense
with such notice.
Division 3 — Employee Discipline

53. Application

(1)

The “discipline” provisions in this Division apply to group workers and miscellaneous employees, but do not apply to persons appointed under section 11(1) of the Act.
(2) In this Division —
“employee” is used to describe group workers and

miscellaneous employees;

“serious breach of discipline” means where it appears
to the superintendent before whom a charge of a breach of discipline is presented for validation or

2858 GOVERNMENT GAZETTE, WA 27 June 2005
Young Offenders Amendment Regulations 2005
r. 8
to a superintendent or other person appointed to
hold an inquiry into the charge that, having regard
to —

(a) the nature and particulars of the charge; or

(b)

if an inquiry has commenced, to the evidence presented at the inquiry,
the charge cannot be adequately dealt with by a
superintendent or other person under
regulation 64(1) (in the event of an admission or
finding of guilt).
54. Breaches of discipline
An employee who —

(a) disobeys or disregards a lawful order;

(b)

breaches a duty or responsibility imposed upon him or her by the Act or these regulations, or any rules made under the Act that are applicable to that employee;

(c)

commits an act of misconduct that relates to the performance of his or her duties or fitness as an employee;

(d)

is negligent or careless in the performance of his or her functions; or

(e)

commits an act of victimisation within the meaning of section 15 of the Public Interest Disclosure Act 2003,

commits a breach of discipline.
55. Laying a charge

(1) A charge that an employee has committed a breach of
discipline may be laid by any officer or employee
having authority or control over the employee to a
superintendent.

27 June 2005 GOVERNMENT GAZETTE, WA 2859
Young Offenders Amendment Regulations 2005
r. 8

(2) A charge —

(a) is to be in writing, and contain particulars of the alleged breach of discipline that gave rise to the charge; and
(b) is to be validated by a superintendent before a copy of the charge is furnished to the employee under regulation 56.

56. Give notice when charge is laid

(1) Subject to subregulation (2) and regulation 66, if a
charge of a breach of discipline is made to a
superintendent, the superintendent is to give the subject
of the charge detailed notice in writing of the nature of
the charge.
(2) If a charge is laid under subregulation (1) that an
employee has committed a serious breach of discipline,
the charge is to be referred by the superintendent to the
chief executive officer.
(3) Notice under subregulation (1) is to set out —

(a) 48 hours or such longer period as is specified in the notice within which the employee has to respond formally to the charge, as to whether they admit or deny the truth of the charge;
(b) the manner in which the inquiry will be conducted if the charge is denied or if no response is received; and
(c) the manner in which the breach of discipline will be dealt with, if the breach is admitted.

57. Where a charge is denied or ignored

(1) If an employee denies a charge, or does not respond to
a charge, within the time to respond referred to in
regulation 56(3), the superintendent may conduct an

2860 GOVERNMENT GAZETTE, WA 27 June 2005
Young Offenders Amendment Regulations 2005
r. 8
inquiry, or the chief executive officer may direct
another person to conduct an inquiry, in relation to the
charge, in accordance with regulations 61 and 62.

(2) Despite subregulation (1), a charge may be referred to
the chief executive officer if regulation 66(1) is
satisfied.
58. Where a breach of discipline is admitted

(1)

If an employee admits to breaching discipline within the time to respond referred to in regulation 56(3) —

(a)

the superintendent may make a finding, and take action in accordance with regulation 64; or

(b)

an inquiry into the charge may be commenced in accordance with regulations 61 and 62.

(2) Despite subregulation (1), the admission may be
referred to the chief executive officer if
regulation 66(1) is satisfied.
59. Inquiry into charge

(1) Where a charge of a breach of discipline against a
person —

(a)

is denied by the employee under regulation 57(1);

(b)

does not provoke a response from that employee within the time allowed; or

(c)

is admitted, but the superintendent wishes to conduct an inquiry regardless of the admission,

an inquiry into the charge is to be commenced in
accordance with regulations 61 and 62.

(2) An inquiry is to be held expeditiously but not earlier
than 3 days after subregulation (1) is satisfied.

27 June 2005 GOVERNMENT GAZETTE, WA 2861
Young Offenders Amendment Regulations 2005
r. 8

60. Persons involved in an inquiry

(1) The employee against whom the charge is laid may
nominate a person to appear with them for support but
cannot nominate a legal practitioner.
(2) An officer is to be nominated by the Director of
Juvenile Custodial Services to lead the case against the
employee who is the subject of the charge.
61. Determination of charge

(1) The procedure to determine a charge of a breach of
discipline is as follows —

(a)

the officer is to state the charge against the employee and call any witnesses in support of the charge;

(b)

the chief executive officer, superintendent or other person appointed to conduct the investigation may take evidence on oath, affirmation or otherwise at his or her discretion;

(c)

the officer is to conduct the examination-in-chief of each witness, and the employee or a person nominated to support him or her under regulation 60(1) may cross-examine each witness;

(d)

the officer may re-examine each witness on matters arising out of cross-examination;
(e) the officer is to close his or her case; and

(f)

the employee may then give evidence, and the employee or the nominated support person may call witnesses, and paragraphs (c), (d) and (e) apply subject to necessary modification.

(2) The person conducting an inquiry is not bound by the
rules of evidence.

2862 GOVERNMENT GAZETTE, WA 27 June 2005
Young Offenders Amendment Regulations 2005
r. 8

(3) A deviation from the procedure in subregulation (1)
that does not materially affect the inquiry does not
invalidate the inquiry.
62. Guidelines for person conducting inquiry

(1) The chief executive officer, superintendent or other
person appointed to hear a charge of a breach of
discipline —

(a)

is to conduct the inquiry expeditiously and without undue adjournment or delay;

(b)

is to keep or cause to be kept an adequate record of proceedings;
(c) may question a witness called; and

(d)

may direct that a particular witness be called or call and question a witness.

(2) The officer and the employee may question any
witness called and questioned under
subregulation (1)(d).
63. Finding following inquiry

(1) After completing an inquiry under regulation 59, a
finding must be made as to whether there was a breach
of discipline committed.
(2) If the outcome of an inquiry under regulation 59 is a
finding that the employee has not committed a breach
of discipline, the superintendent must notify the
employee of that finding without undue delay.
64. Action that may be taken following finding

(1) If the outcome of an inquiry held by a superintendent
or another person directed to conduct an inquiry is a
finding that the employee has committed a breach of

27 June 2005 GOVERNMENT GAZETTE, WA 2863
Young Offenders Amendment Regulations 2005
r. 8

discipline, the superintendent may do one or more of
the following —

(a) issue a caution to the employee;
(b) reprimand the employee;

(c)

impose on the employee a fine not exceeding an amount equal to the amount of remuneration received by the employee in respect of the last day during which he or she was at work as an employee before the day on which that finding was made.

(2) The chief executive officer must be informed of any
disciplinary action taken under subregulation (1).
65. Review by CEO

(1) Following a finding that an employee has committed a
breach of discipline, the employee may apply to have
the finding, or the action taken following the finding,
or both, reviewed by the chief executive officer.
(2) The application must be —

(a)

in writing, setting out details of the finding and the issues or actions that are to be reviewed;
(b) signed by the employee; and

(c)

lodged with the superintendent without undue delay, but no later than 10 days after the finding,

and the superintendent must forward every application
to the chief executive officer.

(3) A copy of an application received by the chief
executive officer is to be made available to the other
party to the inquiry, and the party may respond in
writing within 14 days.

2864 GOVERNMENT GAZETTE, WA 27 June 2005
Young Offenders Amendment Regulations 2005
r. 8

(4)

After the time in subregulation (3) has passed, the chief executive officer is to review the finding or actions set out in the application and, in doing so, may inform
himself or herself by considering such proceedings or
matters as are considered equitable or necessary.
(5) Depending upon the basis of the application, the chief
executive officer may —
(a) confirm the superintendent’s finding;

(b) confirm the action taken following the finding;
(c) vary the action taken following the finding;

(d)

reverse the superintendent’s finding and quash the finding; or
(e) revoke the action taken.

66. Referral where charge appears too serious

(1) If a charge is the subject of an inquiry by the
superintendent or another person directed to conduct an
inquiry and, before a finding is made, it appears to the
superintendent or another person that an employee has
committed a serious breach of discipline, the charge or
admission is to be referred to the chief executive
officer by the superintendent.
(2) If a charge is referred under this regulation, the
superintendent may suspend the employee from duty
on either full or partial pay, or without pay and other
entitlements, pending an inquiry under regulation 67.
(3) A suspension imposed under subregulation (2) must be
confirmed by the chief executive officer within
2 working days.
(4) An employee suspended under subregulation (2) who is
not found to have committed a breach of discipline is
entitled to full pay and entitlements for the period of
that suspension.

27 June 2005 GOVERNMENT GAZETTE, WA 2865
Young Offenders Amendment Regulations 2005
r. 8

67. Inquiry into a referred charge

If a charge is referred to the chief executive officer, the
chief executive officer shall —

(a) hold an inquiry into the charge in accordance with this Part; or
(b) appoint some other person (including, if he or she so determines, the superintendent who forwarded the charge to the chief executive officer) to hold an inquiry into the charge in accordance with this Part.

68. Outcome of inquiry into a referred charge

(1) If the outcome of an inquiry under regulation 67 is a
finding that an employee has not committed a breach of
discipline, the person holding the inquiry must notify
the employee of that finding without undue delay.
(2) If the outcome of that inquiry under regulation 67 is a
finding that the employee has committed a breach of
discipline, the person holding the inquiry may do one
or more of the following —

(a) issue a caution to the employee;
(b) reprimand the employee;

(c)

transfer the employee to another detention centre;

(d)

impose on the employee a fine not exceeding an amount equal to the amount of remuneration received by the employee in respect of the last 5 days during which he or she was at work as an employee before the day on which that finding was made;

(e)

suspend the employee from duty for a period not exceeding 10 working days, on full or partial pay, or without pay and other entitlements;

2866 GOVERNMENT GAZETTE, WA 27 June 2005
Young Offenders Amendment Regulations 2005
r. 8

(f)

reduce the monetary remuneration of the employee or reduce the level of classification of the employee;
(g) dismiss the employee,
or, except when the employee is dismissed, take action
under any 2 or more paragraphs.

(3) A penalty imposed under subregulation (2) by a
superintendent or other person appointed by the chief
executive officer does not take effect unless, and until,
it is validated by the chief executive officer.
(4) The chief executive officer may, instead of validating
that penalty, impose a different penalty of a kind
referred to in subregulation (2), but the chief executive
officer cannot impose a greater penalty than that
imposed under subregulation (3) unless he or she has
provided the employee with an opportunity of making
representations in relation to his or her intention to
impose a greater penalty and has considered any
representations made by the employee.
(5) Where a penalty is imposed under this regulation on an
employee who is suspended from duty under
regulation 66 on partial pay or without pay and other
entitlements, the chief executive officer may, having
regard to the nature and particulars of the breach of
discipline for which the penalty is imposed and the
nature of that penalty, direct that the employee is to be
paid full or partial pay and other entitlements for the
period of the suspension.
69. Fines may be deducted from pay, etc.

(1) A fine lawfully imposed under these regulations on an
employee may be deducted, by order of the chief
executive officer, from the pay due to the employee or
any other moneys due to the employee in respect of his
or her employment.

27 June 2005 GOVERNMENT GAZETTE, WA 2867
Young Offenders Amendment Regulations 2005
r. 8

(2)

A penalty lawfully imposed under these regulations on an employee continues to have effect and is to be given effect to despite any review under regulation 65, but
the chief executive officer shall ensure that any
necessary financial adjustments are made or other
appropriate action is taken upon the determination of
the review.
(3) Notwithstanding subregulation (2), a dismissal carried
out under these regulations does not take effect until
14 days after the employee is informed of the dismissal
and, in every case where there is a dismissal, the
employee is automatically suspended from duty
without pay or other entitlements from the time the
dismissal is announced until the expiration of the
period of 14 days.
(4) An employee who is suspended from duty under
subregulation (3) is entitled to receive full pay and
entitlements for the period of the suspension if the
finding of committing a serious breach of discipline is
overturned.

Division 4 — Use of force

70. Application

(1) The “use of force” provisions in this Division apply to
persons appointed under section 11(1) of the Act and
group workers but do not apply to miscellaneous
employees.
(2) The “use of force and restraint” provisions in this
Division apply to a declared facility under section 12 of
the Act and to a detention centre under section 13 of
the Act.

2868 GOVERNMENT GAZETTE, WA 27 June 2005
Young Offenders Amendment Regulations 2005
r. 8
71. Prescribed force (section 11C(1))

(1) For the purposes of section 11C(1) of the Act —
“prescribed force” means the degree of physical force
which is the minimum required to control a detainee’s behaviour in the circumstances.

(2) A person cannot use a physical restraint hold when
applying prescribed force unless —

(a) that person has received instruction in the proper use of that hold; and
(b) the use of that type of hold has been authorised by the superintendent.

72. Prescribed circumstances for use of force (section 11C(2))

(1) For the purposes of section 11C(2) of the Act —
“prescribed circumstances” means an immediate
period when a detainee is imminently presenting a
risk of physical injury to himself or herself, other
detainees or staff.

(2) As soon as the imminent risk has passed and the
detainee has been stabilised then prescribed
circumstances for the use of force no longer exist.
(3) If prescribed force or another similar physical restraint
is used on a detainee, whether in prescribed
circumstances or not, the detainee must be examined
by the medical staff as soon as is practicable after the
incident.
(4) A nurse or medical officer must ensure that
photographs are taken immediately of any injury
sustained either by the detainee or staff and the
photographs, along with a copy of any medical report,
must be forwarded to the superintendent.

27 June 2005 GOVERNMENT GAZETTE, WA 2869
Young Offenders Amendment Regulations 2005
r. 8

(5)

A written report of any incident involving the use of prescribed force or another similar physical restraint must be provided to the superintendent by the staff
member involved with respect to each detainee.
Part 9 — Confinement of detainees
Division 1 — Preliminary

73. Interpretation
In this Part —
“unlock hours” means the period during which
detainees who are not subject to confinement or restraint are able to leave their sleeping quarters.

74. Imposition of confinement

(1) A superintendent or a visiting justice may order that a
detainee be confined to that detainee’s sleeping
quarters or to a designated room as a way of dealing
with a detainee who has been found to have committed
a detention offence.
(2) A superintendent may order that a detainee be confined
to that detainee’s sleeping quarters or to a designated
room in order to maintain good government, good
order or security in a detention centre.
Division 2 — Detention offence confinement
75. Application

This Division applies to an order by a superintendent or
a visiting justice that a detainee be confined to that
detainee’s sleeping quarters or to a designated room as
a way of dealing with a detainee who has been found to
have committed a detention offence.

2870 GOVERNMENT GAZETTE, WA 27 June 2005
Young Offenders Amendment Regulations 2005
r. 8
76. Confinement procedures

(1) A superintendent must make and maintain a record of
an order to confine a detainee.
(2) Where the confinement is ordered to take place in a designated room, the room used for the confinement must be assessed by the superintendent to be of an
appropriate size and sufficiently ventilated and lit that
the detainee can be confined in that room without
injury to health.
(3) A detainee confined under this Division is entitled to
fresh air, exercise and staff company for a period of at
least 30 minutes every 3 hours during unlock hours.
77. Confinement monitoring, searches, etc.

(1)

A detainee placed in confinement must be subject to continuous monitoring for the first 30 minutes of that confinement.
(2) After the first 30 minutes of confinement, a confined
detainee must be subject to regular monitoring carried
out in accordance with a written management regime
that has been endorsed by the superintendent.
(3) The confinement of a detainee is subject to the usual
regimen of searches, checks, observation, notification,
record-keeping, reporting and other requirements that
are imposed under administrative rules and
instructions.
Division 3 — Good government, good order or

security confinement

78. Application

(1)

This Division applies to an order by a superintendent that a detainee be confined to that detainee’s sleeping

27 June 2005 GOVERNMENT GAZETTE, WA 2871
Young Offenders Amendment Regulations 2005
r. 8

quarters or to a designated room as a way of
maintaining good government, good order or security.

(2) A superintendent may order that a combined period of
separate confinement and a period of work time be
imposed on a detainee for the purpose of this Division
but, in that case, the period of work time is to be
counted as confinement time for the purposes of
section 196(2)(e) of the Act.
79. Confinement procedures

(1) A superintendent must make and maintain a record of
an order to confine a detainee.
(2) The superintendent that ordered confinement must
inform the detainee of the reason for the confinement.
(3) Where the confinement is ordered to take place in a designated room, the room used for the confinement must be assessed by the superintendent to be of an
appropriate size and sufficiently ventilated and lit that
the detainee can be confined in that room without
injury to health.
(4) A detainee whose confinement is for 12 hours or longer
is entitled to at least one hour of exercise each 6 hours
during unlock hours.
(5) The superintendent may at any time cut short a period of confinement or a period of work time that has been ordered and return the detainee to the appropriate
program area.
80. Confinement monitoring, searches, etc.

(1) A confined detainee must be subject to the regimen of
searches, checks, observation, notification and other
requirements (if any) set out in juvenile custodial rules
made for this purpose and approved by the chief
executive officer.

2872 GOVERNMENT GAZETTE, WA 27 June 2005
Young Offenders Amendment Regulations 2005
r. 8

(2) The confinement of a detainee is subject to the usual
regimen of searches, checks, observation, notification,
record-keeping, reporting and other requirements that
are imposed under administrative rules and
instructions.
Part 10 — Search and seizure
Division 1 — Preliminary

81. Interpretation and application of Part 10

(1) In this Part —
“illegal”, in relation to things, means an article or
substance, the possession of which is unlawful;

“illegal thing” means an article or substance that a
person conducting a search suspects is illegal;
“substance” includes any narcotic drug to which the Misuse of Drugs Act 1981 applies, any drug that may be obtained by prescription, any solvent that

might be abused and alcohol;

“unauthorised”, in relation to things, means an article
or substance —

(a)

that a detainee cannot have or retain without a prescription or the approval of the superintendent;

(b)

that are not available to detainees generally, to prevent harm or self-harm; or

(c)

that appear to a person conducting an authorised search to constitute a threat to or breach of the security or good order of the detention centre;

“unauthorised thing” means an article or substance
that a person conducting a search suspects is
unauthorised.

27 June 2005 GOVERNMENT GAZETTE, WA 2873
Young Offenders Amendment Regulations 2005
r. 8

(2) If a superintendent is uncertain as to the gender of a
person to be searched under this Part —

(a)

the superintendent must ask the person to advise whether a male or female should carry out the search and must act in accordance with the answer; and

(b)

in the absence of an answer, the person is to be treated as if of the gender that the person outwardly appears to the superintendent to be.

(3) In this Part, the manner in which a person can be
searched is limited to either a “pat down” search or a
“strip” search or both.
(4) In this Part, if the superintendent is empowered to
search a detainee, officer or other employee, or a
person to whom Division 4 applies, the superintendent
is empowered to direct an officer to undertake that
search on his or her behalf.
82. Superintendent empowered to search

(1)

A superintendent is authorised to search any detainee in accordance with this Part and take from him or her any illegal or unauthorised thing found on his or her
person.

(2)

A superintendent is authorised to search any officer or other employee in accordance with this Part in order to ascertain whether any illegal or unauthorised thing is in his or her possession.

(3)

A superintendent is authorised to search any person in the circumstances set out in regulation 91, including a child, in accordance with this Part in order to ascertain whether any illegal or unauthorised thing is in his or
her possession.

2874 GOVERNMENT GAZETTE, WA 27 June 2005
Young Offenders Amendment Regulations 2005
r. 8

(4) A superintendent is authorised to search any person or
vehicle outside but near a detention centre in
accordance with this Part, where in the opinion of the
superintendent that search is necessary for the security
or good order of the detention centre, in order to
ascertain whether any illegal or unauthorised thing is
present.
83. Superintendent empowered to search with assistance of trained dog

A superintendent is authorised to use a trained dog to
assist in carrying out a search in accordance with
this Part.
84. Superintendent empowered to use force when searching detainees

A superintendent is authorised to use such force as is
reasonably necessary —

(a) to perform a search; and

(b)

to take from a detainee in, entering or leaving a detention centre any illegal or unauthorised thing found during a search.
Division 2 — Searching detainees

85. When

(1) A detainee should be searched —

(a) on admission to the detention centre;

(b)

immediately before discharge from the detention centre;

(c)

on leaving or returning to a detention centre; and

(d)

when transferring from one detention centre to another.

27 June 2005 GOVERNMENT GAZETTE, WA 2875
Young Offenders Amendment Regulations 2005
r. 8

(2) A detainee may be searched at any time, and in such a
manner, as is considered necessary at the time by the
superintendent.
86. How

(1) A detainee may be searched using either a “pat” or
“strip” search depending on the circumstances
surrounding the requirement of the search.
(2) A detainee should be “strip” searched if there are
circumstances giving rise to a reasonable suspicion that
the detainee may be in possession of an item that
could —

(a)

jeopardise the safety, good order or security of the detention centre; or
(b) be used for self harm.

(3) At least 2 officers must be present during a search of a
detainee.

(4)

A detainee must not be “strip” searched in the sight or immediate presence of a person of the opposite gender.
(5) Where practicable, a detainee should not be “strip”
searched in the immediate presence of another
detainee.

(6)

Any search of a detainee must be conducted with due regard to the decency and self-respect of the detainee.
(7) Despite subregulation (4), a superintendent may direct
that a search is to be carried out in the presence of a
medical practitioner or a nurse.
(8) Whenever a detainee is “strip” searched, each officer
taking a role in that search must forward a written
report of the search to the superintendent.

2876 GOVERNMENT GAZETTE, WA 27 June 2005
Young Offenders Amendment Regulations 2005
r. 8
87. If illegal or unauthorised things are found

(1) If an illegal or an unauthorised thing is found on a
detainee then the matter may be dealt with as a
detention offence committed by the detainee under
section 170 of the Act.
(2) An illegal or unauthorised thing is to be dealt with in
accordance with Division 6.
(3) If an illegal thing is found on a detainee, the parent or
the caregiver of the detainee is to be notified (where
practicable) of the circumstances of that discovery by
the superintendent.
Division 3 — Searching officers or other employees
88. When
An officer or other employee may be searched —

(a) on entering or leaving a detention centre; and
(b) at such a time as is considered necessary at the time by the superintendent.

89. How

(1) An officer or other employee may be searched using a
“pat” search.

(2)

The search of an officer or other employee may include a search of any article or thing carried on them or under their control.
(3) The refusal of an officer or other employee to submit to
a search constitutes disobedience of a lawful order for
the purposes of regulation 54.

27 June 2005 GOVERNMENT GAZETTE, WA 2877
Young Offenders Amendment Regulations 2005
r. 8

(4) The search of an officer or other employee must be
conducted —

(a)

by an officer who has been appointed by the superintendent and who is of the same gender as the person being searched;
(b) in the presence of another staff member;

(c)

out of sight of other persons unless the person being searched requests the presence of another person; and

(d)

with due regard to the decency and self-respect of the person being searched.

(5) The officers involved in the search must submit a
written report to the superintendent.
90. If illegal or unauthorised things are found

(1)

If a search under this Division leads to the discovery of an illegal or unauthorised thing, the officers conducting the search are to inform the superintendent
immediately.
(2) An illegal or unauthorised thing is to be dealt with in
accordance with Division 6.
Division 4 — Searching other persons

91. When

(1) A person who is not a detainee, or an officer or other
employee, may be searched in the following
circumstances —

(a) on seeking to enter a detention centre;
(b) on entering a detention centre;
(c) while in a detention centre;
(d) on seeking to leave a detention centre;
(e) immediately before leaving a detention centre;

2878 GOVERNMENT GAZETTE, WA 27 June 2005

Young Offenders Amendment Regulations 2005
r. 8

(f) having just left a detention centre;

(g)

subject to subregulation (2), when outside but near a detention centre.

(2) If the superintendent is of the opinion that a search of a
person, article or vehicle outside but near a detention
centre is necessary for the security or good order of the
detention centre, the superintendent may search any or
all of the following —
(a) that person;

(b) a person with that person, who is under the person’s care and control;
(c) an article in the possession or control of that person or a person with them;
(d) a vehicle in the possession or control of the person.

92. How

(1) A person described in regulation 91 may be searched
using a “pat” search.

(2)

The search of a person described in regulation 91 is to include a request to voluntarily produce any thing that may jeopardise the safety, good order or security of the
detention centre if taken inside, or which may be used
by a detainee for self harm.
(3) A person described in regulation 91 who —

(a)

does not submit to a search ordered under this Division; or

(b)

is in possession or control of anything requested for surrender under subregulation (2) of this regulation and does not produce it,

may be refused entry to the detention centre on that
occasion and on subsequent occasions and may be
removed from the detention centre forthwith.

27 June 2005 GOVERNMENT GAZETTE, WA 2879
Young Offenders Amendment Regulations 2005
r. 8

(4) Subject to subregulation (5), the search of a person
described in regulation 91 must be —

(a)

conducted by an officer, who has been appointed by the superintendent, of the same gender as the person being searched and in the presence of another staff member;

(b)

conducted out of sight of other persons unless the person being searched requests the presence of another person; and

(c)

conducted expeditiously with due regard to the decency and self-respect of the person being searched.

(5) If the person to be searched is a child that has not (or
apparently has not) attained 10 years of age, the search
is to be carried out —
(a) expeditiously;

(b)

by a female employee accompanied by at least one other female employee;

(c)

in the presence of the person accompanying the child unless that person refuses to remain; and
(d) in the absence of any male employees.

(6) All officers and employees conducting a search must
submit a written report to the superintendent.
93. If illegal or unauthorised things are found

(1)

If a search under this Division leads to the discovery of an illegal or unauthorised thing, the officers conducting the search are to inform the superintendent
immediately and —

(a)

if the thing is an illegal thing or an unauthorised thing and the search is conducted immediately prior to entering — ensure that the circumstances under which it was found are

2880 GOVERNMENT GAZETTE, WA 27 June 2005
Young Offenders Amendment Regulations 2005
r. 8
noted and prevent that person from entering the detention centre while the thing is in his or her possession;

(b) if the thing is an illegal thing or an unauthorised found are noted and ensure that the person is removed from the detention centre before returning the thing to the person;
thing and the search is conducted whilst inside
or before leaving the detention centre — ensure

(c)

if the thing is an unauthorised thing and the search is conducted on a person who has just left a detention centre or is outside but near a detention centre — ensure that the circumstances under which it was found are noted before returning the thing to the person.

(2) If an illegal thing is surrendered, it is to be dealt with in
accordance with Division 6.

(3)

If a search reveals an illegal thing, the police may be informed of that discovery by the superintendent, and the person in apparent possession or control of that
thing is to be requested, by the officer performing the
search, to wait for the arrival of the police.

(4)

A person who is searched under this Division and who is in possession or control of an illegal or unauthorised thing —

(a)

may be refused entry to the detention centre on that occasion and on subsequent occasions; and

(b)

may be removed from the detention centre forthwith.

27 June 2005 GOVERNMENT GAZETTE, WA 2881
Young Offenders Amendment Regulations 2005
r. 8

Division 5 — Use of dogs

94. Dogs can be used to search for drugs

(1) A superintendent may authorise the use of a trained
dog to assist in carrying out a search if the purpose of a
search is to detect whether illegal or unauthorised
substances are or have been present.
(2) The trained dog used must be a “prison dog” within the
meaning of the Prisons Act 1981 section 49A.

(3)

The superintendent may require a trained dog to be used to search a detainee while in detention, and a person, an officer or other employee, or property —

(a) on seeking to enter a detention centre;
(b) on entering a detention centre;
(c) while in a detention centre;
(d) on seeking to leave a detention centre;
(e) immediately before leaving a detention centre;
(f) having just left a detention centre; or
(g) when outside but near a detention centre, if the superintendent is of the opinion that it is necessary for the security or good order of the detention centre.

95. Dogs to be under the control of a dog handler

If the use of a trained dog to assist a search is
authorised or required under regulation 94, the trained
dog must be accompanied by, and under the control of,
a “dog handler” within the meaning of the Prisons
Regulations 1982 regulation 81A.

2882 GOVERNMENT GAZETTE, WA 27 June 2005
Young Offenders Amendment Regulations 2005
r. 8
96. Dogs to be used in authorised manner

For a trained dog to be used appropriately by a dog
handler in a search —

(a) the dog handler must be the dog handler who has been allocated responsibility for the dog;
(b) the dog must be under the control of the dog handler; and
(c) the use of the dog must be in accordance with these regulations and any relevant rules.

97. Dogs in searches

(1) A person who —
(a) assaults; or
(b) hinders or obstructs,

a trained dog under the control of a dog handler carrying out a search under this Division is to be deemed to have assaulted, or to have hindered or obstructed, the dog handler.

(2) A trained dog under the control of a dog handler may
enter, and be in, any place that an officer may lawfully
enter or be in while carrying out a search for illegal or
unauthorised substances, and no liability arises by
reason only that the dog entered or was in that place,
notwithstanding any other law.
(3) Without limiting the generality of section 182 of the
Act, an officer or a dog handler is not personally liable
for injury or damage caused by the use of a trained dog
under the control of a dog handler in carrying out a
search for illegal or unauthorised substances, if that use
was in accordance with this Part.

27 June 2005 GOVERNMENT GAZETTE, WA 2883
Young Offenders Amendment Regulations 2005
r. 8

(4) Subregulation (3) does not apply if injury or damage
occurs as a result of anything commanded or permitted
by the dog handler without reasonable and probable
cause.

Division 6 — Securing illegal or unauthorised things
98. Securing illegal or unauthorised things

(1) An illegal or unauthorised thing is to be placed in a
heat-sealed, clear polythene evidence bag with a label
showing —

(a)

the name of the person who was in apparent possession or control of the thing;

(b)

the place of discovery and the signature of the officer that made the discovery; and
(c) the time and date of discovery,

and the superintendent is to take and have custody of
the thing.

(2) When an illegal thing has been found and the police are
called, the superintendent is to retain custody of that
thing and ensure that police take custody of the illegal
thing.
(3) When an unauthorised thing has been found on a
detainee, the superintendent is to retain custody of that
unauthorised thing until the determination of any
detention offence against the detainee related to that
thing.
(4) Subject to subregulation (3), where the superintendent
has custody of an unauthorised thing the superintendent
may —

(a) return it to the detainee on his or her release;

2884 GOVERNMENT GAZETTE, WA 27 June 2005
Young Offenders Amendment Regulations 2005
r. 8

(b)

return it to the person believed by the superintendent to be the rightful owner;

(c)

order that the thing be destroyed or otherwise dealt with.

(5)

If an illegal thing that is a substance is found, the existence and movement of the substance is to be recorded by means of entries made in an “Unlawful
Drugs Register” maintained at the detention centre.
(6) If an illegal or unauthorised thing requires analysis to
confirm its composition, the superintendent may
authorise the delivery of a sample taken under this Part
to an approved analysis agent to be analysed in the
manner set out in Part 11.
Part 11 — Body samples
Division 1 — Taking body samples

99. Officer who suspects unauthorised or illegal substance use to inform superintendent
An officer who has reasonable grounds for suspecting that a detainee has used or ingested an unauthorised or illegal substance must inform the superintendent.
100. Circumstances that may prompt requirement for body samples

(1) The superintendent may require a body sample from a
detainee in the following circumstances —

(a) if the superintendent has been informed of an officer’s suspicion under regulation 99;
(b) if the superintendent has reasonable grounds for
ingested an unauthorised or illegal substance;

27 June 2005 GOVERNMENT GAZETTE, WA 2885
Young Offenders Amendment Regulations 2005
r. 8

(c)

if a random process of sampling has been instituted in the detention centre and the detainee is selected at random.

(2) The superintendent is to direct, either generally or in
respect of the particular case, whether a body sample is
to be taken in the form of blood, breath or urine.
101. Taking of body samples

(1) If the body sample to be taken is breath, the breath
sample is to be tested by means of an apparatus of a
kind approved by the Director of Juvenile Custodial
Services, and that apparatus is to be operated by a
person approved by the superintendent.
(2) If the body sample to be taken is blood or urine, the
blood or urine taken is to be labelled with —

(a)

the name of the person from whom the sample was taken;
(b) the type of the sample;

(c)

the name of the person who took the sample; and
(d) the date and time that the sample was taken.

(3) A body sample that is to be taken in the form of blood
or urine is to be taken by a medical practitioner or a
registered nurse.

Division 2 — Analysis

102. Approval of analysis agent

(1) Subject to subregulation (4), the chief executive officer
is to approve at least one organisation, in respect of
each type of body sample authorised to be taken under
this Part, as the organisation whose employees are to
carry out analysis of samples of that type.

2886 GOVERNMENT GAZETTE, WA 27 June 2005
Young Offenders Amendment Regulations 2005
r. 8

(2) Subject to subregulation (4), the chief executive officer
is to approve at least one organisation, in respect of
illegal or unauthorised things seized under Part 10, as
an organisation whose employees are authorised to
carry out analysis of things seized under that Part.
(3) The chief executive officer may, at any time, cancel the
approval of an organisation and approve another
organisation under subregulation (1) or (2).
(4) If the chief executive officer does not approve a
particular organisation under subregulation (1) or (2),
the Chemistry Centre (WA) is the relevant approved
analysis agent.
(5) For the purposes of these regulations, an “analyst” is a
person appointed as an analyst under the Health
Act 1911 and employed by an approved analysis agent.
103. Analyst to give certificate

(1) If a sample has been delivered under this Part to an
organisation which is, at the time of delivery, the
relevant approved analysis agent —

(a)

that organisation must ensure that the analysis of the sample is completed;

(b)

an analyst employed by that organisation who carries out the analysis must complete a certificate in a form approved by the chief executive officer; and

(c)

the analyst must forward that certificate to the superintendent of the detention centre in which the detainee is kept.

(2) Subregulation (1) applies even if, after delivery of the
sample, the approval of the organisation as the relevant
approved analysis agent is cancelled.

27 June 2005 GOVERNMENT GAZETTE, WA 2887
Young Offenders Amendment Regulations 2005
r. 8

(3) The superintendent must give a copy of the certificate
referred to in subregulation (1) to the detainee from
whom the sample was taken or obtained.
104. Admissibility of analyst’s certificate

The analyst’s certificate is admissible as evidence
against a detainee charged with a detention offence and
is prima facie evidence of the matters certified in the
certificate.
”.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.
———————————

!200500118GG!

Actions

Download as PDF Download as Word Document

Citations

Young Offenders Amendment Regulations 2005 (WA)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0

27 June 2005	GOVERNMENT GAZETTE, WA	2851
Young Offenders Act 1994

(1)	In this Part —
“authorised” means authorised by the superintendent;
“privilege” means a concession or luxury extended to

(2)	A privilege may be extended to a detainee at the discretion of an authorised officer.
(3)	An authorised officer may withdraw a privilege from any detainee at any time satisfied that —

(a)	the privilege is being misused;
(b)	the detainee has been involved in a breach of a rule made under section 181 of the Act;
(c)	continued provision of that privilege constitutes a threat to, or a breach of, the security of the detention centre; or
(d)	the detainee has use or possession of an article and that use or possession has not been approved or granted by an authorised person.

(e)	items of personal property approved by the superintendent;
(f)	the library for recreational purposes;

(1)	The “employment” provisions in this Division apply to group workers and miscellaneous employees but do not apply to persons appointed under section 11(1) of the
Act.
(2)	This Division applies in addition to, and does not limit, the provisions in Division 3.

(a)	medical staff — persons who have undergone medical, nursing or health training and hold qualifications indicating successful completion of that training;
(b)	teaching staff — persons who provide

(c)	program support staff — counsellors, program facilitators and librarians;
(d)	detention centre support staff — cleaning staff, laundry staff, gardening staff, vehicle driving staff, maintenance staff and hairdressers.

(a)	those set out in their contracts of employment;
(b)	the duties described in section 11A of the Act for all employees;
(c)	to obey all lawful orders given to them by the superintendent and any other officer having authority or control over them.

(3)	If a board, or the majority of the members of a board, reports to the chief executive officer that a group worker or miscellaneous employee is unable to perform his or her duties properly by reason of his or her physical or mental health, the chief executive officer may terminate the employment of the group worker or miscellaneous employee.
(4)	A group worker or miscellaneous employee who provides false, incomplete or misleading information in or with respect to an application for engagement as a group worker or miscellaneous employee may have his or her employment terminated by the chief executive officer.
(5)	Where the chief executive officer is of the opinion during, or at the end of, the period of probation of a group worker or miscellaneous employee that the group worker or miscellaneous employee is unsatisfactory in the performance of his or her duties, or unsuitable to be a group worker or miscellaneous employee, the chief executive officer may terminate the employment of that group worker or miscellaneous employee.
(6)	The chief executive officer may extend the period of probation for a group worker or miscellaneous employee.

(1)	A group worker or miscellaneous employee whose employment is terminated under regulation 51(3) is entitled to one month’s notice from the chief executive
officer or to one month’s pay in lieu of notice.

(2)	A group worker or miscellaneous employee who leaves his or her employment of his or her own accord must give one month’s notice in writing or must forfeit one month’s pay.
(3)	A group worker or miscellaneous employee on probation must give 2 weeks’ notice of an intention to leave the employment, or must forfeit 2 weeks’ pay.
(4)	If a group worker or miscellaneous employee on probation has his or her employment terminated for reasons other than regulation 51(4) or disciplinary reasons under Division 3, the group worker or miscellaneous employee must be given 2 weeks’ notice by the chief executive officer or 2 weeks’ pay in lieu of notice.
(5)	Where a period of notice is required to be given under this regulation, the chief executive officer may, without prejudice to the entitlement of the group worker or miscellaneous employee to pay, abridge or dispense with such notice.

(1)	The “discipline” provisions in this Division apply to group workers and miscellaneous employees, but do not apply to persons appointed under section 11(1) of the Act.
(2)	In this Division —
“employee” is used to describe group workers and

(a)	the nature and particulars of the charge; or
(b)	if an inquiry has commenced, to the evidence presented at the inquiry,

(a)	disobeys or disregards a lawful order;
(b)	breaches a duty or responsibility imposed upon him or her by the Act or these regulations, or any rules made under the Act that are applicable to that employee;
(c)	commits an act of misconduct that relates to the performance of his or her duties or fitness as an employee;
(d)	is negligent or careless in the performance of his or her functions; or
(e)	commits an act of victimisation within the meaning of section 15 of the Public Interest Disclosure Act 2003,

(a)	is to be in writing, and contain particulars of the alleged breach of discipline that gave rise to the charge; and
(b)	is to be validated by a superintendent before a copy of the charge is furnished to the employee under regulation 56.

(1)	Subject to subregulation (2) and regulation 66, if a charge of a breach of discipline is made to a superintendent, the superintendent is to give the subject of the charge detailed notice in writing of the nature of the charge.
(2)	If a charge is laid under subregulation (1) that an employee has committed a serious breach of discipline, the charge is to be referred by the superintendent to the chief executive officer.
(3)	Notice under subregulation (1) is to set out —

(a)	48 hours or such longer period as is specified in the notice within which the employee has to respond formally to the charge, as to whether they admit or deny the truth of the charge;
(b)	the manner in which the inquiry will be conducted if the charge is denied or if no response is received; and
(c)	the manner in which the breach of discipline will be dealt with, if the breach is admitted.

(a)	the superintendent may make a finding, and take action in accordance with regulation 64; or
(b)	an inquiry into the charge may be commenced in accordance with regulations 61 and 62.

(a)	is denied by the employee under regulation 57(1);
(b)	does not provoke a response from that employee within the time allowed; or
(c)	is admitted, but the superintendent wishes to conduct an inquiry regardless of the admission,

(1)	The employee against whom the charge is laid may nominate a person to appear with them for support but cannot nominate a legal practitioner.
(2)	An officer is to be nominated by the Director of Juvenile Custodial Services to lead the case against the employee who is the subject of the charge.

(a)	the officer is to state the charge against the employee and call any witnesses in support of the charge;
(b)	the chief executive officer, superintendent or other person appointed to conduct the investigation may take evidence on oath, affirmation or otherwise at his or her discretion;
(c)	the officer is to conduct the examination-in-chief of each witness, and the employee or a person nominated to support him or her under regulation 60(1) may cross-examine each witness;
(d)	the officer may re-examine each witness on matters arising out of cross-examination;
(e)	the officer is to close his or her case; and
(f)	the employee may then give evidence, and the employee or the nominated support person may call witnesses, and paragraphs (c), (d) and (e) apply subject to necessary modification.

(a)	is to conduct the inquiry expeditiously and without undue adjournment or delay;
(b)	is to keep or cause to be kept an adequate record of proceedings;
(c)	may question a witness called; and
(d)	may direct that a particular witness be called or call and question a witness.

(1)	After completing an inquiry under regulation 59, a finding must be made as to whether there was a breach of discipline committed.
(2)	If the outcome of an inquiry under regulation 59 is a finding that the employee has not committed a breach of discipline, the superintendent must notify the employee of that finding without undue delay.

(1)	Following a finding that an employee has committed a breach of discipline, the employee may apply to have the finding, or the action taken following the finding, or both, reviewed by the chief executive officer.
(2)	The application must be —

(a)	in writing, setting out details of the finding and the issues or actions that are to be reviewed;
(b)	signed by the employee; and
(c)	lodged with the superintendent without undue delay, but no later than 10 days after the finding,

(4)	After the time in subregulation (3) has passed, the chief executive officer is to review the finding or actions set out in the application and, in doing so, may inform
himself or herself by considering such proceedings or matters as are considered equitable or necessary.
(5)	Depending upon the basis of the application, the chief executive officer may —

(b)	confirm the action taken following the finding;
(c)	vary the action taken following the finding;
(d)	reverse the superintendent’s finding and quash the finding; or

(1)	If a charge is the subject of an inquiry by the superintendent or another person directed to conduct an inquiry and, before a finding is made, it appears to the superintendent or another person that an employee has committed a serious breach of discipline, the charge or admission is to be referred to the chief executive officer by the superintendent.
(2)	If a charge is referred under this regulation, the superintendent may suspend the employee from duty on either full or partial pay, or without pay and other entitlements, pending an inquiry under regulation 67.
(3)	A suspension imposed under subregulation (2) must be confirmed by the chief executive officer within 2 working days.
(4)	An employee suspended under subregulation (2) who is not found to have committed a breach of discipline is entitled to full pay and entitlements for the period of that suspension.

(a)	hold an inquiry into the charge in accordance with this Part; or
(b)	appoint some other person (including, if he or she so determines, the superintendent who forwarded the charge to the chief executive officer) to hold an inquiry into the charge in accordance with this Part.