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YOUTH JUSTICE ACT 2005 - SECT 153 Prohibited actions

YOUTH JUSTICE ACT 2005 - SECT 153

Prohibited actions

    (1)     The superintendent of a detention centre:

        (a)     must not take an action mentioned in subsection (2); and

        (b)     must take reasonable steps to ensure that a member of the staff of the detention centre does not take an action mentioned in subsection (2).

    (2)     Each of the following actions is prohibited in relation to a detainee:

        (a)     the use of force, except:

            (i)     under section 154 or another provision of this Act; and

            (ii)     in accordance with section 10;

        (b)     the use of a restraint, except an approved restraint that is used in accordance with section 155;

        (c)     the use of force or a restraint for the purpose of disciplining a detainee;

        (d)     the use of any form of physical, verbal or emotional abuse, including the following:

            (i)     the administering of corporal punishment, that is, any action which inflicts, or is intended to inflict, physical pain or discomfort on the detainee;

            (ii)     any act or omission intended to degrade or humiliate the detainee;

            (iii)     excessive control over the detainee's access to basic human needs, including toilet facilities, food and clean drinking water;

        (e)     the use of any form of psychological pressure intended to intimidate or humiliate the detainee;

        (f)     any kind of unlawful discriminatory treatment.