CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 166 Requirements and considerations about placement and separation of young

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 166

    (1)     A youth detention policy or operating procedure may make provision, consistent with this section, in relation to the placement and separation of young detainees, including separation for—

        (a)     use of facilities; and

        (b)     participation in education or other activities.

    (2)     In placing a young detainee, the director-general must ensure that—

        (a)     young remandees are segregated from other young detainees; and

        (b)     male young detainees are segregated from female young detainees; and

        (c)     a young detainee who is under 18 years old is not placed with an adult.

    (3)     Subsection (2) does not apply if the director-general believes on reasonable grounds that another placement will be in the best interests of all affected detainees.

    (4)     When deciding where to place a young detainee, the director-general must consider the following:

        (a)     the needs and special requirements of the young detainee because of the young detainee's age, sex, emotional or psychological state, physical health, cultural background, vulnerability or any other relevant matter;

        (b)     if it is proposed that a young detainee be isolated in detention, whether the isolation is in the best interests of the young detainee;

        (c)     the desirability of the care provided to a young detainee being suited to the particular needs of the young detainee in order to protect the young detainee's physical and emotional wellbeing;

        (d)     that it is in the best interests of young detainees to be separated from co-offenders.

    (5)     When deciding where to place a young detainee, the director-general may also consider any security classification given to the young detainee under section 163.

Note to pt 6.5

Anything expressed in this part to be an entitlement for ch 8 (Criminal matters—discipline at detention places) is not affected by anything that happens under that chapter.