New South Wales Consolidated Acts

CHILDREN (DETENTION CENTRES) ACT 1987 - SECT 21

21 Punishments for misbehaviour

(1) Subject to the regulations, the following punishments may be imposed on a detainee found guilty of misbehaviour:

(a) caution,

(b) restriction from participation in sport or leisure activities,

(c) additional duties for a period not exceeding 7 days, being duties of a constructive nature designed to promote the welfare of detainees,

(d) exclusion from, or confinement to, a place for a period not exceeding 12 hours or, in the case of a detainee of or over the age of 16 years, not exceeding 24 hours,

(e) in the case of misbehaviour declared by the regulations to be serious misbehaviour-extension, by a period that does not exceed 7 days, of the non-parole period of any detention order, or the term of any detention order without a non-parole period, to which the detainee is subject (other than a detention order whose term is cumulative and that has not commenced).

(1A) A detainee may not be restricted from participation in sport or leisure activities for more than 7 days at a time except with the prior approval of the Director-General, whether given generally or in relation to a particular detainee.

(2) Punishment of a kind referred to in subsection (1) (d) may only be imposed on a detainee subject to the following conditions:

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

(b) if the punishment consists of confinement to a place, the physical environment of the place where the detainee is confined shall, unless otherwise appropriate, be no less favourable than the physical environment of other places occupied by detainees in the detention centre,

(c) the detainee shall at all times be visible to, and able to communicate readily with, a juvenile justice officer.

(3) A punishment must not be imposed on a detainee so as to interfere with a visit to the detainee by:

(a) a barrister or solicitor (or such other classes of persons as may be prescribed), or

(b) any other person, unless the centre manager is of the opinion that the security, safety or good order of the detention centre would be adversely affected if the visit were permitted.

(4) A punishment under subsection (1) (e) may only be imposed, in accordance with this Act and the regulations, by the Children’s Court.

(5) A penalty under subsection (1) (e) that extends the non-parole period of a person subject to control reduces by a corresponding period the remaining balance of the term of the detention order.

(6) A punishment under subsection (1) (e) may extend a detainee’s period of detention beyond the end of the period of detention imposed by the court or the maximum period of detention which could lawfully be imposed by the court for the offence concerned.