CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 183 Religious, spiritual and cultural needs

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 183

    (1)     The director-general must ensure, as far as practicable, that provision is made at detention places for the religious, spiritual and cultural needs of young detainees.

Examples—religious, spiritual or cultural needs

1     observances and practices relating to religious or spiritual beliefs, including the spiritual beliefs of Aboriginal or Torres Strait Islander people

2     observances or practices arising because a person belongs to a particular culture

    (2)     In particular, the director-general must ensure, as far as practicable, that young detainees have reasonable access to—

        (a)     ministers of religion and other people with standing in a particular culture whom young detainees wish to see for religious, spiritual or cultural purposes; and

        (b)     religious services at the detention place; and

        (c)     books and other articles associated with their religious, spiritual or cultural practices.

    (3)     However, the director-general may give directions denying or limiting a young detainee's access under subsection (1) or (2) if the director-general suspects on reasonable grounds that it may—

        (a)     undermine security or good order at a detention place; or

        (b)     revictimise a victim; or

        (c)     circumvent any process for investigating complaints or reviewing decisions under this Act; or

        (d)     have the purpose of causing community distress.

    (4)     A young detainee must not be required to receive a visit from anyone representing a particular religion, spiritual belief or culture, or attend any related service or practice, if the young detainee does not wish to do so.

    (5)     For chapter 8, subsections (1) and (2) are taken to provide an entitlement for each young detainee in relation to religious, spiritual and cultural needs.

    (6)     In this section:

"minister of religion" means—

        (a)     a person registered under the Marriage Act 1961

(Cwlth), part 4.1 (Authorised celebrants); or

        (b)     a person prescribed by regulation.