New South Wales Consolidated Regulations

CHILDREN (DETENTION CENTRES) REGULATION 2005

- Made under the Children (Detention Centres) Act 1987
- As at 15 May 2009
- Reg 521 of 2005

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - ADMINISTRATION

   4.      General routines
   5.      Admission of detainees
   6.      Information to be given to detainees
   7.      Classification of detainees
   8.      Health and medical attention
   9.      Maintenance of physical well-being of detainees
   10.     Segregation of detainees for protection
   11.     Property
   12.     Books, newspapers, magazines and other printed material
   12A.    Radios and other electronic equipment
   13.     Unauthorised possession of property
   14.     Disposal of property
   15.     Records to be kept concerning property
   16.     Education and training
   17.     Access to programs
   18.     Religious observance

   PART 2A - CASE MANAGEMENT

   18A.    Case plans to be prepared for all detainees
   18B.    Contents of case plan
   18C.    Linguistic and cultural factors to be considered
   18D.    Detainee may participate in development of case plan

   PART 3 - VISITS AND COMMUNICATIONS

           Division 1 - Visits

   19.     Visiting days and times
   20.     Visits by relatives and friends
   21.     Visits by legal practitioners and their clerks
   22.     Visits by diplomatic or consular representatives
   22A.    Visits by Official Visitor and Ombudsman
   23.     Visits to Aboriginal persons and Torres Strait Islanders
   24.     Other visits
   25.     Procedure for visits
   26.     Articles not to be conveyed between visitors and detainees
   27.     Refusal and termination of visits
   27A.    Searching of visitors
   27B.    Unauthorised use of cameras or recording equipment
   27C.    Banning orders

           Division 2 - Letters and parcels

   28.     Written communication with detainees
   29.     Inspection of mail and parcels
   30.     Correspondence with external bodies
   31.     (Repealed)
   32.     Communication with detainees and inmates in other detention centres and correctional centres

           Division 2A - Telephone communications

   32A.    Telephone communications-general
   32B.    Monitoring of telephone calls
   32C.    Termination of telephone calls

           Division 3 - Communications with staff members

   33.     Requests to speak to centre manager or other staff members

   PART 4 - COMPLAINTS

   34.     Definitions
   35.     Who may make a complaint
   36.     How complaints may be made
   37.     Who may deal with complaints
   38.     How complaints to be dealt with
   39.     Representation of complainants
   40.     Complainant to be notified of certain matters
   41.     Review of decision on complaint
   42.     Complaints registers
   43.     Information to be recorded in complaints register
   44.     Complaints guidelines

   PART 5 - LEAVE

   45.     Definitions
   46.     Matters to be taken into account before leave granted
   47.     Day leave
   48.     Overnight leave

   PART 6 - MAINTENANCE OF ORDER

           Division 1 - Order generally

   49.     Order generally
   50.     Use of force
   51.     Reports on use of force

           Division 2 - Testing for alcohol or drugs

   51A.    Breath testing
   51B.    Evidence as to presence of alcohol or intoxicating substance
   51C.    Urine sample where drug use suspected
   51D.    Urine sample whether or not drug use suspected
   51E.    Evidence as to use of drugs
   51F.    Supply of test results to Justice Health

   PART 7 - MISBEHAVIOUR

           Division 1 - Misbehaviour generally

   52.     Declaration of conduct constituting misbehaviour
   53.     Misbehaviour
   54.     Allegations of misbehaviour
   55.     Visits by prescribed persons

           Division 2 - Misbehaviour dealt with otherwise than by the Children’s Court

   55A.    Application of Division
   56.     Allegations of misbehaviour
   57.     Inquiry to be held
   58.     Adjournments
   59.     Procedure after guilty plea
   60.     Procedure after not guilty plea
   61.     Procedure generally
   62.     Misbehaviour occurring in other detention centres
   63.     Transfer of inquiries
   64.     Recording of punishment

           Division 3 - Misbehaviour dealt with by the Children’s Court

   64A.    Application of Division
   65.     Allegations of misbehaviour
   66.     Notice of hearing

   PART 8 - PAROLE

   67.     Definitions
   68.     Material in support of parole orders (sentences of more than 3 years): section 135 of applied Act
   69.     Parole orders
   70.     Detainee to be given explanation of parole order
   71.     Standard conditions applying to parole: section 128 of applied Act
   72.     Imposition and extension of supervision conditions: section 128 of applied Act
   73.     Supervision conditions
   74.     Variation of conditions: section 128 of applied Act
   75.     Revocation of parole order before release: section 130 of applied Act
   76.     Review by the Children’s Court of intention to refuse release on parole: sections 138 and 139 of applied Act
   77.     Decision on review of parole refusal: section 141 of applied Act
   78.     Revocation of parole order and review of revocation: section 173 of applied Act
   79.     Decision on review of revocation: section 175 of applied Act
   80.     Notice of revocation of parole order: section 179 of applied Act
   81.     Inquiry into suspected breach of a parole order: section 180 of applied Act
   82.     Arrest warrants: section 180 of applied Act
   83.     Warrants of commitment: section 181 of applied Act
   84.     Delegation of functions

   PART 8A - CONDUCT OF JUVENILE JUSTICE OFFICERS REGARDING ALCOHOL AND PROHIBITED DRUGS

           Division 1 - Preliminary

   84A.    Interpretation
   84B.    Appointment of authorised persons

           Division 2 - Obligations of juvenile justice officers

   84C.    Juvenile justice officers must not have prescribed concentration of alcohol in breath or blood
   84D.    Juvenile justice officers must not have prohibited drug present in biological material

           Division 3 - Testing of juvenile justice officers

   84E.    Testing of juvenile justice officers
   84F.    General rules for the provision or taking of certain samples
   84G.    Breath testing and breath analysis of juvenile justice officers
   84H.    Restrictions on requiring breath test, breath analysis or non-invasive sample
   84I.    Action to be taken with respect to blood samples
   84J.    Action to be taken with respect to non-invasive samples
   84K.    Analysis of samples

           Division 4 - Evidence

   84L.    Certificate evidence of concentration of alcohol in breath or blood determined by breath test or breath analysis
   84M.    Certificate evidence of concentration of alcohol in blood other than in relation to a breath test or breath analysis
   84N.    Certificate evidence of presence of a prohibited drug
   84O.    Certificate evidence of appointment of authorised person

           Division 5 - Consequences

   84P.    Disciplinary action
   84Q.    Refusing to comply with a requirement under Division 2 of Part 4A of the Act
   84R.    Double jeopardy
   84S.    Immediate action: juvenile justice officer relieved from duty

           Division 6 - Offences

   84T.    Interfering with results of test
   84U.    Interfering or tampering with, or destroying, samples

   PART 8B - JUSTICE HEALTH MATTERS

   84V.    Examination of detainees
   84W.    Detainees risk to self or others
   84X.    Mental illness
   84Y.    Detainee’s diet, exercise and treatment
   84Z.    Medical records
   84AA.   Infectious diseases
   84AB.   Death of detainees

   PART 9 - MISCELLANEOUS

   85.     Report on inspection of detention centre by officer
   86.     Returns relating to persons detained for trial or appeal
   87.     Accommodation of children in detention centres
   88.     Attendance at youth justice conferences
   89.     Savings
           SCHEDULE 1
           SCHEDULE 2