YOUTH JUSTICE ACT 1992 - SECT 268 Obligation to report harm to children in detention centres

YOUTH JUSTICE ACT 1992 - SECT 268

268 Obligation to report harm to children in detention centres

(1) If a detention centre employee becomes aware, or reasonably suspects, that a child has suffered harm while detained in a detention centre, the employee must, unless the employee has a reasonable excuse, report the harm or suspected harm to the chief executive—

(a) immediately; and

(b) if a regulation is in force under subsection (3) —in accordance with the regulation.

Penalty—

Maximum penalty—20 penalty units.

(2) It is immaterial how the harm was caused.

(3) A regulation may prescribe the way the report must be given or the particulars that the report must include.

(4) It is a reasonable excuse for the employee not to report a matter that reporting the matter might tend to incriminate the employee.

(5) Subsection (1) does not apply if the employee knows, or reasonably supposes, that the chief executive is aware of the harm or suspected harm.

(6) In this section—


"harm" , to a child, is any detrimental effect of a significant nature on the child’s physical, psychological or emotional wellbeing.