CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 232 Directions to leave detention place etc

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 232

    (1)     The director-general may direct a person at a detention place—

        (a)     not to enter the place; or

        (b)     if the person is already in the place—to leave the place.

    (2)     However, the director-general may give the direction only if—

        (a)     the director-general suspects on reasonable grounds that—

              (i)     the person is intoxicated; or

              (ii)     the person has possession of a prohibited thing; or

              (iii)     the direction is necessary and reasonable for security or good order at a detention place; or

              (iv)     the direction is necessary and reasonable to safeguard the best interests of a young detainee; or

Example—subpar (iv)

the person is intentionally causing a detainee distress

        (b)     the person contravenes a direction given to the person under—

              (i)     section 231 (Directions to visitors); or

              (ii)     section 256 (Strip searches on admission—directing person to leave); or

              (iii)     section 268 (Body searches—directing people to leave).

    (3)     To remove any doubt, this section applies to a family member or significant person for a young detainee, even if the person has been visiting the young detainee for less than 1 hour.

    (4)     A person commits an offence if the person fails to comply with a direction given to the person under this section.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (5)     An offence against this section is a strict liability offence.

    (6)     Subsection (4) does not apply if the person takes reasonable steps to comply with the direction.