Northern Territory Bills Northern Territory Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Serial 165
Youth
Justice Amendment Bill 2016
Mr
Elferink
A Bill for an Act to amend the Youth Justice Act
NORTHERN TERRITORY OF AUSTRALIA
YOUTH JUSTICE AMENDMENT ACT 2016
____________________
Act No. [ ] of 2016
____________________
Table of provisions
151AA Definitions
151AB Approval
of
restraints
155 Restraint
devices may be used to escort certain
detainees
158A Register
of use of approved restraints
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2016
____________________
An Act to amend the Youth Justice Act
[Assented to [ ] 2016]
[Second reading [ ] 2016]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Youth Justice Amendment Act 2016.
This Act commences on the day fixed by the Administrator by Gazette notice.
This Act amends the Youth Justice Act.
Section 5(1)
insert (in alphabetical order)
appropriate, for Part 8, Division 2, see section 151AA.
approved restraint, for Part 8, Division 2, see section 151AB.
5 Sections 151AA and 151AB inserted
Before section 151, in Part 8, Division 2
insert
In this Division:
appropriate, in relation to the use of an approved restraint, means using the 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.
approved restraint, see section 151AB.
The Commissioner may approve a mechanical device (an approved restraint) for restricting the movement of detainees.
After section 152(1)
insert
(1A) To protect a detainee from self-harm, or to protect the safety of another person, the superintendent may:
(a) use appropriately an approved restraint on the detainee; or
(b) authorise the appropriate use of an approved restraint on the detainee.
(1) Section 153(3)(d)
omit
handcuffing or use of similar devices to restrain
insert
use of approved restraints to restrict
(2) Section 153(4)
omit, insert
(4) Despite subsection (3)(d), if the superintendent is of the opinion that an emergency exists, or that restraining a detainee would reduce a risk to the good order or security of the detention centre, the superintendent may:
(a) use appropriately an approved restraint on the detainee; or
(b) authorise the appropriate use of an approved restraint on the detainee.
Section 155
repeal, insert
155 Restraint devices may be used to escort certain detainees
When a detainee is being escorted, whether inside or outside a detention centre, the superintendent of the detention centre may:
(a) use appropriately an approved restraint on the detainee; or
(b) authorise the appropriate use of an approved restraint on the detainee.
Section 157A(2)
omit
superintendant
insert
superintendent
Section 157B(1)
omit
superintendant
insert
superintendent
Section 158, heading, at the end
insert
of detainees
After section 158, in Part 8, Division 2
insert
158A Register of use of approved restraints
(1) The superintendent of a detention centre must keep a register containing the following particulars in relation to the use of approved restraints:
(a) the name of the detainee who was restrained;
(b) the particular approved restraint that was used;
(c) the circumstances in which the approved restraint was used;
(d) the date on which the approved restraint was used;
(e) the time the approved restraint was used, including the time at which the approved restraint was applied and the time at which the approved restraint was removed;
(f) the name of the person who authorised the use of the approved restraint;
(g) any medical attention that was required;
(h) any other particulars prescribed by the Regulations.
(2) A register may be kept in any form and on any medium that the Commissioner considers appropriate.
This Act expires on the day after it commences.
[Index] [Search] [Download] [Related Items] [Help]