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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 209 Segregation—safe room

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 209

Segregation—safe room

    (1)     The director-general may direct that a young detainee be segregated from other young detainees by separate confinement in a safe room if—

        (a)     the director-general believes on reasonable grounds that the segregation is necessary to prevent an imminent risk of the young detainee harming themself; and

        (b)     the director-general has—

              (i)     tried less restrictive ways to prevent an imminent risk of the young detainee harming themself but the less restrictive ways have not been successful; or

              (ii)     considered less restrictive ways to prevent an imminent risk of the young detainee harming themself but the less restrictive ways were not appropriate.

    (2)     When considering whether to make the direction, the director-general must have regard to the young detainee's age, sex, maturity, cultural identity physical and mental health and any history of abuse.

    (3)     The director-general may give the direction at any time, on the director-general's own initiative.

    (4)     The director-general must revoke the direction if the director-general believes on reasonable grounds that the grounds for making the direction no longer exist.