YOUTH JUSTICE ACT 2005 - SECT 155 Use of restraint devices

YOUTH JUSTICE ACT 2005 - SECT 155

    (1)     The superintendent of a detention centre or a person authorised by the superintendent may appropriately use an approved restraint on a detainee if the superintendent or authorised person believes on reasonable grounds that restraint is necessary to:

        (a)     prevent an imminent risk of the detainee:

            (i)     inflicting self-harm; or

            (ii)     harming another person; or

            (iii)     seriously damaging property; or

        (b)     prevent the detainee from engaging in conduct that would:

            (i)     endanger the safety of any person who is within the precincts of the detention centre, including the detainee; or

            (ii)     seriously threaten the security of the detention centre.

    (2)     The superintendent of a detention centre or a person authorised by the superintendent may appropriately use an approved restraint on a detainee if:

        (a)     the superintendent or authorised person believes on reasonable grounds that the detainee is likely to attempt to escape the detention centre; or

        (b)     the detainee is being escorted outside the detention centre and the superintendent or authorised person believes on reasonable grounds that the detainee is likely to attempt to escape.

    (3)     In this section:

"appropriately use "means using a restraint:

        (a)     in the least restrictive or invasive way reasonable in the circumstances; and

        (b)     for the minimum amount of time reasonable in the circumstances; and

        (c)     in accordance with a determination made by the CEO under the Regulations in relation to the use of approved restraints.