Youth Justice Amendment Regulation (No. 2) 2014 (Qld)

Queensland Youth Justice Amendment Regulation (No. 2) 2014 Subordinate Legislation 2014 No. 202 made under the YouthJusticeAct1992 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Insertion of new pt 3B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part 3B Detention centre employee at boot camp centre Division 1 Preliminary 9B Application of pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . 3 9C Services to be provided by detention centre employees—Act, s 282BA(2) . . . . . . . . . . . . . . . . . . . 3 Division 2 Detention centre employee may use reasonable force 9D Use of reasonable force . . . . . . . . . . . . . . . . . . . . . . . 4 9E Record of use of force . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 3 Restraints 9F Chief executive may approve restraints . . . . . . . . . . . 4 9G Use of approved boot camp restraints . . . . . . . . . . . . 5 9H Record of use of approved boot camp restraints . . . . 6 Division 4 Separation of a child 9I Separation of child in locked room . . . . . . . . . . . . . . . 7 9J Record of separation of a child. . . . . . . . . . . . . . . . . . 8

Youth Justice Amendment Regulation (No. 2) 2014 Contents Division 5 Search of a child 9K Power to search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9L Search must not involve removal of clothes . . . . . . . . 8 9M Articles found during search. . . . . . . . . . . . . . . . . . . . 9 9N Record of search of a child. . . . . . . . . . . . . . . . . . . . . 10 4 Amendment of 17 (Management of misbehaviour) . . . . . . . . . . . 11 5 Amendment of s 21 (Register about approved restraints) . . . . . . 11 6 Amendment of s 23 (Register of separation) . . . . . . . . . . . . . . . . 11 7 Amendment of pt 4, div 6, sdiv 3, hdg (Register of searches, and dealing with articles found during search). . . . . . . . . . . . . . . . . . . . . . . . . 12 8 Amendment of s 28 (Register of searches) . . . . . . . . . . . . . . . . . 12 9 Amendment of s 29 (Articles found during search) . . . . . . . . . . . 12 10 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 12 Page 2 2014 SL No. 202

Youth Justice Amendment Regulation (No. 2) 2014 [s 1] 1 Short title This regulation may be cited as the Youth Justice Amendment Regulation (No. 2) 2014 . 2 Regulation amended This regulation amends the Youth Justice Regulation 2003. 3 Insertion of new pt 3B After section 9A— insert — Part 3B Detention centre employee at boot camp centre Division 1 Preliminary 9B Application of pt 3B This part applies if the chief executive enters into an arrangement with a boot camp centre provider for a detention centre employee to provide services at a boot camp centre. 9C Services to be provided by detention centre employees—Act, s 282BA(2) For section 282BA(2) of the Act the following services are prescribed— (a) use of reasonable force; (b) use of approved boot camp restraints; (c) separation of a child; (d) search of a child. 2014 SL No. 202 Page 3

Youth Justice Amendment Regulation (No. 2) 2014 [s 3] Division 2 Detention centre employee may use reasonable force 9D Use of reasonable force (1) A detention centre employee may use reasonable force at a boot camp centre to protect a child, other persons or property. (2) However, a detention centre employee may use the force only if the detention centre employee reasonably believes the child, person or property can not be protected in another way. 9E Record of use of force If a detention centre employee uses force under this part, the chief executive must keep a record containing the following information— (a) if a child was involved—the child’s name; (b) the day on which the force was used; (c) the circumstances in which the force was used; (d) the name of the detention centre employee who used the force; (e) the reason the detention centre employee believed the use of force was necessary. Division 3 Restraints Page 4 9F Chief executive may approve restraints The chief executive may approve types of restraints ( approved boot camp restraints ) a detention centre employee may use to restrain a child participating in the residential phase of the boot camp program at a boot camp centre. 2014 SL No. 202

Youth Justice Amendment Regulation (No. 2) 2014 [s 3] 9G Use of approved boot camp restraints (1) The chief executive may authorise a detention centre employee to use approved boot camp restraints to restrain a child at a boot camp centre. (2) The detention centre employee may use approved boot camp restraints to restrain the child only if the employee believes, on reasonable grounds, that— (a) it is reasonably likely that the child will attempt to leave the boot camp centre without the written consent of the chief executive; or (b) the child could seriously harm himself, herself or someone else; or (c) the child could seriously disrupt good order and security at the boot camp centre. (3) However, a detention centre employee must not use approved boot camp restraints under subsection (2) unless the employee believes, on reasonable grounds, there is no other way to stop the child— (a) attempting to leave the boot camp centre without the written consent of the chief executive; or (b) seriously harming himself, herself or someone else; or (c) seriously disrupting good order and security at the boot camp centre. (4) If approved boot camp restraints are used on a child, the chief executive must ensure— (a) all reasonable steps are taken to use the restraints in a way that respects the child’s dignity; and (b) the restraints are used for no longer than is reasonably necessary in the circumstances. 2014 SL No. 202 Page 5

Youth Justice Amendment Regulation (No. 2) 2014 [s 3] (5) Subsection (2) does not require the use of approved boot camp restraints on a child if the detention centre employee considers that, in all the circumstances, the child is not likely to— (a) attempt to leave the boot camp centre without the written consent of the chief executive; or (b) seriously harm himself, herself or someone else; or (c) seriously disrupt good order and security at the centre. Example — Restraints may not be used on a child who is attending a funeral, or otherwise on leave of absence, because the chief executive considers the child is not likely to attempt to leave the boot camp centre without the written consent of the chief executive. 9H Record of use of approved boot camp restraints If a detention centre employee uses approved boot camp restraints under section 9G, the chief executive must keep a record containing the following information— (a) particulars of the approved boot camp restraints; (b) the child’s name; (c) the date and length of time the restraints were used; (d) the circumstances in which the restraints were used. Page 6 2014 SL No. 202

Youth Justice Amendment Regulation (No. 2) 2014 [s 3] Division 4 Separation of a child 9I Separation of child in locked room (1) A detention centre employee may separate a child participating in the residential phase of the boot camp program in a locked room at a boot camp centre only— (a) for routine security purposes under directions issued by the chief executive; or (b) for the child’s protection or the protection of other persons or property; or (c) to restore good order in the boot camp centre. (2) A detention centre employee must not separate a child for a purpose mentioned in subsection (1)(b) or (c) — (a) if the separation is for more than 2 hours, including for more than 2 hours longer than the boot camp centre’s normal hours of overnight confinement—without the boot camp centre provider’s approval; or (b) if the separation is for more than 12 hours—without informing the chief executive; or (c) if the separation is for more than 24 hours—without the chief executive’s approval. (3) If a detention centre employee separates a child in a locked room in a boot camp centre, a detention centre employee must keep the child under observation in a way complying with directions issued by the chief executive. (4) Subsection (3) does not limit the circumstances in which a child may be kept under continuous observation. 2014 SL No. 202 Page 7

Youth Justice Amendment Regulation (No. 2) 2014 [s 3] 9J Record of separation of a child If a detention centre employee separates a child under section 9I the chief executive must keep a record containing the following information— (a) the child’s name; (b) the reason for the child’s separation; (c) the name of the detention centre employee who kept the child under observation during the separation; (d) the date and the length of time for which the child was separated; (e) the details of any approval given under section 9I(2)(a) or (c); (f) if the separation was for more than 12 hours—when the detention centre employee informed the chief executive under section 9I(2)(b). Division 5 Search of a child 9K Power to search (1) The chief executive may authorise a detention centre employee to search a child participating in the residential phase of the boot camp program at a boot camp centre. (2) The search may take place at any time the chief executive considers, on reasonable grounds, that the child should be searched. 9L Search must not involve removal of clothes (1) A search of a child under this division must not involve the removal of any part of the child’s clothes. Page 8 2014 SL No. 202

Youth Justice Amendment Regulation (No. 2) 2014 [s 3] (2) Also, if the search involves touching the child, the search must be conducted by a detention centre employee of the same sex as the child. (3) Before conducting the search, the detention centre employee must— (a) inform the child that a search is to be conducted; and (b) ask for the child’s cooperation. (4) The detention centre employee may use reasonable force to carry out the search. (5) However, the detention centre employee may use reasonable force only if the employee reasonably believes the search can not be carried out in another way. 9M Articles found during search (1) This section applies if a detention centre employee conducting a search under this division finds an article (the article ) that— (a) the boot camp centre provider by written direction has identified to be a restricted or prohibited article; or (b) the employee considers— (i) threatens the security or good order of the boot camp centre; or (ii) endangers, or may be used to endanger, the child or someone else. (2) The detention centre employee may take possession of the article. (3) The detention centre employee must give the article to the boot camp centre provider. (4) The boot camp centre provider may— (a) return the article to the child; or 2014 SL No. 202 Page 9

Youth Justice Amendment Regulation (No. 2) 2014 [s 3] (b) keep the article until the earliest of the following— (i) the child has completed the 1 month placement at the boot camp centre; (ii) the boot camp program is suspended; (iii) the boot camp order is revoked; or (c) if the article belongs to another person—return it to the other person; or (d) if the boot camp centre provider considers the article is perishable—destroy it; or (e) if the boot camp centre provider considers the article is unhygienic or dangerous and poses an immediate risk to the health or safety of a person in the boot camp centre—destroy it; or (f) if the boot camp centre provider considers the article is unhygienic or dangerous but does not pose an immediate risk to the health or safety of a person in the boot camp centre—destroy the article unless it would be reasonable to take steps to make the article hygienic or safe. 9N Record of search of a child If a detention centre employee searches a child under this division, the chief executive must keep a record containing the following information— (a) the name of the child searched; (b) the reason for the search; (c) the name of the detention centre employee who carried out the search; (d) the name of any person who was present when the search was carried out; Page 10 2014 SL No. 202

Youth Justice Amendment Regulation (No. 2) 2014 [s 4] (e) if the detention centre employee took possession of an article—particulars of the article; (f) if the detention centre employee used reasonable force in carrying out the search— (i) the day on which the force was used; and (ii) the circumstances in which the force was used; and (iii) the name of the detention centre employee who used the force; and (iv) the reason the detention centre employee believed the use of force was necessary. 4 Amendment of 17 (Management of misbehaviour) Section 17(7)(b), ‘in a document kept at the detention centre’— omit. 5 Amendment of s 21 (Register about approved restraints) (1) Section 21, heading, ‘Register’— omit, insert — Record (2) Section 21, ‘register’— omit, insert — record 6 Amendment of s 23 (Register of separation) (1) Section 23, heading, ‘Register’— omit, insert — 2014 SL No. 202 Page 11

Youth Justice Amendment Regulation (No. 2) 2014 [s 7] Record (2) Section 23,‘register’— omit, insert — record 7 Amendment of pt 4, div 6, sdiv 3, hdg (Register of searches, and dealing with articles found during search) Part 4, division 6, subdivision 3, heading, ‘Register’— omit, insert — Record 8 Amendment of s 28 (Register of searches) (1) Section 23, heading, ‘Register’— omit, insert — Record (2) Section 28, ‘register’— omit, insert — record 9 Amendment of s 29 (Articles found during search) (1) Section 29(4), after ‘the record’— insert — (the property register record ) (2) Section 29(5) and (6), before ‘record’— insert — property register 10 Amendment of sch 2 (Dictionary) Schedule 2— Page 12 2014 SL No. 202

insert — Youth Justice Amendment Regulation (No. 2) 2014 [s 10] approved boot camp restraints see section 9F. ENDNOTES 1 Made by the Governor in Council on 4 September 2014. 2 Notified on the Queensland legislation website on 5 September 2014. 3 The administering agency is the Department of Justice and Attorney-General. © State of Queensland 2014 Authorised by the Parliamentary Counsel 2014 SL No. 202 Page 13