Young Offenders Amendment Regulations 2024 (WA)

Western Australia

Young Offenders Act 1994

Young Offenders Amendment Regulations 2024

Western Australia

Young Offenders Amendment Regulations 2024 Contents Young Offenders Act 1994

Young Offenders Act 1994

Young Offenders Amendment Regulations 2024

Made by the Governor in Executive Council.

1.Citation

These regulations are the Young Offenders Amendment Regulations 2024.

2.Commencement

These regulations come into operation as follows —

• (a)

  regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

• (b)

  the rest of the regulations — on the day after that day.

3.Regulations amended

These regulations amend the Young Offenders Regulations 1995.

4.Regulation 2 amended

In regulation 2 in the definition of medical practitioner delete “medical practitioner registered under the Medical Act 1894;” and insert:

person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;

Note: The heading to amended regulation 2 is to read:

Terms used

5.Regulation 47 amended

In regulation 47 insert in alphabetical order:

capsicum spray weapon has the meaning given in the Weapons Regulations 1999 regulation 3;

Note: The heading to amended regulation 47 is to read:

Terms used

6.Regulation 70 deleted

Delete regulation 70.

7.Regulation 71 amended

• (1)

  Delete regulation 71(1) and insert:

   
• (1)

  For the purposes of section 11C(1) of the Act, the force is, in relation to a detainee, the minimum required to control the detainee’s behaviour in the circumstances.

   
• (2)

  In regulation 71(2):

  • (a)

    delete “person cannot” and insert:

     

  custodial officer must not

   
  • (b)

    delete “applying prescribed” and insert:

     

  using

   
  • (c)

    in paragraph (a) delete “that person” and insert:

     

  the custodial officer

   
• (3)

  After regulation 71(2) insert:

   
• (3)

  A custodial officer must not, when using force, use a capsicum spray weapon unless the custodial officer is authorised in writing by the chief executive officer to use the capsicum spray weapon.

• (4)

  For the purposes of subregulation (3), the chief executive officer cannot authorise a custodial officer unless the chief executive officer is satisfied that the custodial officer has received instruction in the proper use of the capsicum spray weapon.

   

8.Regulation 72 replaced

Delete regulation 72 and insert:

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

• (1)

  For the purposes of section 11C(2) of the Act, the circumstances are that a detainee is presenting a risk of imminent physical injury to themselves or another person.

• (2)

  Without limiting subregulation (1), a detainee ceases to present a risk of imminent physical injury to themselves or another person if the detainee’s behaviour has been stabilised.

72A. Procedure following use of force

• (1)

  In this regulation —

medical staff means officers or employees —

• (a)

  of the class prescribed by regulation 49(1)(a); and

• (b)

  appointed under section 11(1a)(b) of the Act.

• (2)

  This regulation applies in relation to an incident involving the use of force in relation to a detainee.

• (3)

  The detainee in relation to whom the force was used must be examined by a member of the medical staff as soon as practicable after the incident.

• (4)

  The member of the medical staff who conducted the examination must ensure that a written report of the examination is prepared and forwarded to the superintendent.

• (5)

  The superintendent must ensure that photographs are taken immediately of any injuries sustained by the detainee or any member of staff.

• (6)

  A written report of the incident, in relation to each detainee in respect of whom force was used during the incident, must be provided to the superintendent by the custodial officer who used the force.

   

K. COLLERAN, Clerk of the Executive Council