New South Wales Consolidated Acts

CHILDREN (DETENTION CENTRES) ACT 1987 - SECT 19

19 Segregation of detainees for protection

(1) If the centre manager of a detention centre believes on reasonable grounds that a detainee should be segregated in order to protect the personal safety of that or any other detainee, or of any other person, the centre manager may, whether or not with the consent of the detainee, direct the segregation of the detainee, subject to the following conditions:

(a) the nature and duration of the segregation shall be reasonable having regard to the age, mental condition and development of the detainee,

(b) the duration of the segregation is to be as short as practicable and, in any case, must not exceed 3 hours except with the approval of the Director-General,

(c) the detainee shall be provided with some means of usefully occupying himself or herself,

(d) the physical environment of the place where the detainee is kept segregated shall, unless otherwise appropriate, be no less favourable than the physical environment of other places occupied by detainees in the detention centre,

(e) the detainee shall be so segregated that at all times he or she is visible to, and can readily communicate with, a juvenile justice officer.

(2) A detainee shall not be segregated under this section by way of punishment.

(3) The centre manager of the detention centre shall make a record containing such particulars as may be prescribed by the regulations of any segregation effected under this section and shall forward copies of the record to the detainee and to the Director-General within 24 hours of the segregation.

(4) A detainee shall not be segregated under this section unless the centre manager of the detention centre is satisfied that there is no practicable alternative means to protect the personal safety of the person or persons for whose protection the detainee is to be segregated.

(5) Nothing in this section limits the circumstances in which detainees may be detained separately pursuant to section 16.