{"id":"young-offenders-regulations-1995","name":"Young Offenders Regulations 1995","slug":"young-offenders-regulations-1995","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184056,"registerId":"wa-young-offenders-regulations-1995-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Young Offenders Regulations 1995","content":"![Crest]()Western Australia\n\nYoung Offenders Act 1994\n\nYoung Offenders Regulations 1995\n\nWestern Australia\n\nYoung Offenders Regulations 1995\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Terms used 1\n\nPart 2 — Form of written statement given to a young person not represented by a legal practitioner\n\n3. Form of written statement given to a young person not represented by a legal practitioner 3\n\nPart 3 — Youth community based orders and intensive youth supervision orders\n\nDivision 2 — Taking of body samples\n\n9. Taking of body samples 4\n\nDivision 3 — Attendance conditions\n\n10. Proposed agenda 5\n\nDivision 4 — Community work conditions\n\n11. Terms used in this Division 5\n\n12. Offender subject to community work conditions 5\n\n13. Maximum number of hours to be worked in any day 6\n\n14. Safe working environment and safe manner of work 6\n\n15. Authorised breaks counted as work 6\n\n16. Certain breaks allowed and counted as work 6\n\n17. Offender not required to work if supervising officer or overseer fails to arrive unless alternative arrangements made 7\n\n18. Certain substances prohibited 7\n\n19. Offender under the influence of alcohol etc. 7\n\n20. Offender not to possess weapon, and confiscation 8\n\n21. Offender not to drive vehicle unless authorised 8\n\n22. Offender may be excused from work 8\n\n23. Offender ill or injured while performing work 8\n\n24. Supervising officer to notify responsible adult 9\n\n25. Offender unable to attend to perform work because of illness 9\n\nDivision 5 — Supervision conditions\n\n26. Limits on the reporting requirements of supervision conditions 10\n\n27. Requirement to report for offender who lives in remote area of the State 10\n\nDivision 6 — Intensive youth supervision orders without detention\n\n28. Term used in this Division 11\n\n29. Application of Divisions 3, 4 and 5 to supervision orders 11\n\n30. Limits on the reporting requirements of supervision conditions 11\n\n31. Offender to inform supervising officer of change in address within 48 hours 11\n\nDivision 7 — Conditional release orders\n\n32. Application of Division 4 to offender released under conditional release order 11\n\n33. Offender unable to attend to perform work because of illness 12\n\nPart 4 — Special detention centres\n\n34. Detention centres established and operated as special detention centres 14\n\nPart 6 — Hearing and determination of detention offences\n\n36. Term used in this Part 15\n\n37. Charge of detention offence 15\n\n38. Notification of hearing 15\n\n39. Representation of detainee 16\n\n40. Procedure 16\n\nPart 6A — Miscellaneous\n\n40A. Calculation of period of detention by reference to unpaid amount (s. 65C(2)) 18\n\n40B. Restriction of access to exchange information (s. 16(8)(b)) 18\n\nPart 7 — Detainee gratuities\n\nDivision 1 — Special detention centres\n\n41. Classification of activities undertaken by detainees in special detention centres 19\n\n42. Gratuities credited to a detainee in special detention centre 19\n\nDivision 2 — Detention centres other than special detention centres\n\n43. Gratuities credited to a detainee in detention centre that is not a special detention centre 20\n\nDivision 3 — General\n\n44. Superintendent may direct gratuities be withheld or reduced 20\n\n45. Superintendent may direct deductions from gratuities 21\n\n46. Superintendent may direct when gratuities are to be credited 21\n\nPart 7A — Detainee privileges\n\n46A. Granting and withdrawing of privileges 22\n\n46B. Privileges 23\n\nPart 8 — Employees\n\nDivision 1 — Preliminary\n\n47. Terms used 24\n\nDivision 2 — Employment generally\n\n48A. Term used: remove 24\n\n48. Application 24\n\n49. Officers and employees of particular classes prescribed (section 11(1a)(b)) 25\n\n50. Functions of officers and employees of particular classes prescribed (section 11(2)) 26\n\n51. Circumstances of removal for physical or mental health reasons (section 11(1a)) 26\n\n52A. Circumstances of removal for other reasons (section 11(1a)) 27\n\n52. Notice prior to removal (section 11(1a)) 27\n\nDivision 3 — Discipline of custodial officers\n\n53. Application of *Public Sector Management Act 1994* Part 5 28\n\nDivision 4A — Removal of custodial officer due to loss of confidence\n\n54. Terms used 29\n\n55. Application of this Division 30\n\n56. Appointment of review officer 30\n\n57. Role of review officer 31\n\n58. Provision of material to chief executive officer 31\n\n59. Notice of loss of confidence 32\n\n60. Access to material 33\n\n61. Chief executive officer’s assessment of custodial officer’s submissions 34\n\n62. Further ground for removal 35\n\n63. Notice of chief executive officer’s decision on removal action and material relied on 36\n\n64. Service of notices or documents 37\n\n65. Application 38\n\n66. Restriction on suspending custodial officer’s pay 38\n\nDivision 4 — Use of force\n\n71. Prescribed force (section 11C(1)) 39\n\n72. Prescribed circumstances for use of force (section 11C(2)) 39\n\n72A. Procedure following use of force 40\n\nPart 9 — Confinement of detainees\n\nDivision 1 — Preliminary\n\n73. Term used in this Part 41\n\n74. Imposition of confinement 41\n\nDivision 2 — Detention offence confinement\n\n75. Application 41\n\n76. Confinement procedures 42\n\n77. Confinement monitoring, searches etc. 42\n\nDivision 3 — Good government, good order or security confinement\n\n78. Application 43\n\n79. Confinement procedures 43\n\n80. Confinement monitoring, searches etc. 44\n\nPart 10 — Search and seizure\n\nDivision 1 — Preliminary\n\n81. Terms used in this Part and application 45\n\n82. Superintendent empowered to search 46\n\n83. Superintendent empowered to search with assistance of trained dog 47\n\n84. Superintendent empowered to use force when searching detainees 47\n\nDivision 2 — Searching detainees\n\n85. When 47\n\n86. How 48\n\n87. If illegal or unauthorised things are found 48\n\nDivision 3 — Searching officers or other employees\n\n88. When 49\n\n89. How 49\n\n90. If illegal or unauthorised things are found 50\n\nDivision 4 — Searching other persons\n\n91. When 50\n\n92. How 51\n\n93. If illegal or unauthorised things are found 52\n\nDivision 5 — Use of dogs\n\n94. Dogs can be used to search for drugs 53\n\n95. Dogs to be under the control of a dog handler 54\n\n96. Dogs to be used in authorised manner 54\n\n97. Dogs in searches 55\n\nDivision 6 — Securing illegal or unauthorised things\n\n98. Securing illegal or unauthorised things 55\n\nPart 11 — Body samples\n\nDivision 1 — Taking body samples\n\n99. Officer who suspects unauthorised or illegal substance use to inform superintendent 57\n\n100. Circumstances that may prompt requirement for body samples 57\n\n101. Taking of body samples 58\n\nDivision 2 — Analysis\n\n102. Approval of analysis agent 58\n\n103. Analyst to give certificate 59\n\n104. Admissibility of analyst’s certificate 60\n\nPart 12 — Savings and transitional provisions\n\n105. Discipline before commencement day 61\n\nSchedule 1\n\nNotes\n\nCompilation table 64\n\nDefined terms\n\n  \n\nWestern Australia\n\nYoung Offenders Act 1994\n\nYoung Offenders Regulations 1995\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese regulations may be cited as the *Young Offenders Regulations 1995* 1.\n\n##### 2. Terms used\n\nIn these regulations unless the contrary intention appears —\n\nanalyst means a person approved under regulation 102(5);\n\njuvenile custodial officer means a person appointed under section 11(1a)(a) of the Act;\n\n  medical practitioner means a person registered under the *Health Practitioner Regulation National Law (Western Australia)* in the medical profession;\n\n  special detention centre means a detention centre referred to in regulation 34;\n\n  supervising officer means —\n\n(a) in relation to a youth community based order, an officer of the Department assigned to be the supervising officer under section 77 of the Act; or\n\n(b) in relation to a conditional release order, an officer of the Department assigned to be the supervising officer under section 108 of the Act;\n\n  the overseer, in relation to an offender, means the person assigned to oversee the offender under regulation 7.\n\n[Regulation 2 amended: Gazette 19 Jun 2009 p. 2232; 10 Jan 2017 p. 188; SL 2024/268 r. 4.]\n\n## Part 2 — Form of written statement given to a young person not represented by a legal practitioner\n\n##### 3. Form of written statement given to a young person not represented by a legal practitioner\n\nThe form of the written statement that the court is required to give a young person under section 44(2)(b) of the Act is set out in Schedule 1.\n\n## Part 3 — Youth community based orders and intensive youth supervision orders\n\n[Division 1 (r. 4-8) deleted: Gazette 27 Jun 2005 p. 2851.]\n\n### Division 2 — Taking of body samples\n\n##### 9. Taking of body samples\n\n(1) If a youth community based order or an intensive youth supervision order is made on the condition or undertaking that the offender submit to the taking of a body sample, and the chief executive officer requires the offender to submit to the taking of a body sample —\n\n(a) if the body sample to be taken is breath, the breath test is to be conducted by means of an apparatus of an approved kind; or\n\n(b) if the body sample to be taken is blood or urine, the blood or urine taken is to be labelled with —\n\n(i) the name of the offender;\n\n(ii) the type of the sample;\n\n(iii) the name of the person who took the sample; and\n\n(iv) the date and time that the sample was taken.\n\n(2) A body sample that is to be taken in the form of blood is to be taken by a medical practitioner.\n\n(3) The chief executive officer is to direct, either generally or in respect of the particular case, whether a body sample is to be taken in the form of blood, breath or urine.\n\n(4) In subregulation (1)(a), approved means approved by the chief executive officer.\n\n### Division 3 — Attendance conditions\n\n##### 10. Proposed agenda\n\nWhen a report that attendance conditions would be suitable for an offender is submitted to the court, the proposed agenda submitted to the court under section 75 of the Act is to specify —\n\n(a) proposals relating to the educational, rehabilitative or other course in which the offender is to participate;\n\n(b) details of the days and times when the course operates; and\n\n(c) proposals relating to the aggregate number of hours during which the offender is to participate in the course.\n\n### Division 4 — Community work conditions\n\n##### 11. Terms used in this Division\n\nIn this Division —\n\n  drug means a prohibited drug, or prohibited plant, within the meaning of the *Misuse of Drugs Act 1981*;\n\n  work means work required to be performed in accordance with community work conditions imposed by way of a youth community based order under section 73(1)(b) of the Act.\n\n##### 12. Offender subject to community work conditions\n\nAn offender performing work —\n\n(a) is to comply with any reasonable direction given by the overseer; and\n\n(b) is to wear any safety clothing or equipment supplied to the offender for the purpose of performing the work.\n\n##### 13. Maximum number of hours to be worked in any day\n\nUnless the supervising officer and offender both consent to the requirement, an offender performing work is not to be required to perform more than 6 hours of work in any day.\n\n##### 14. Safe working environment and safe manner of work\n\nThe supervising officer is to take any measures that are practicable to ensure that an offender performing work —\n\n(a) is not exposed to hazards at the place where the work is being performed; and\n\n(b) performs the work in a manner that does not expose the offender or any other person to hazards.\n\n##### 15. Authorised breaks counted as work\n\nIf an offender performing work takes a break authorised by the supervising officer or overseer, the period of the break is to be taken to be a period of work in computing the number of hours of work performed by the offender.\n\n##### 16. Certain breaks allowed and counted as work\n\n(1) An offender performing work is to be allowed during a normal working day —\n\n(a) a break of 15 minutes in the morning;\n\n(b) a break of 45 minutes for lunch; and\n\n(c) a break of 15 minutes in the afternoon.\n\n(2) The period of a break taken by an offender under subregulation (1) is to be taken to be a period of work in computing the number of hours of work performed by the offender.\n\n##### 17. Offender not required to work if supervising officer or overseer fails to arrive unless alternative arrangements made\n\n(1) If —\n\n(a) an offender attends to perform work at a time and place specified in a direction given to the offender by the supervising officer; and\n\n(b) neither the supervising officer nor overseer arrives at the specified place within one hour after the specified time,\n\nthe offender is not required to perform work on that day unless other arrangements are made for an appropriate person to oversee the work to be performed by the offender at the specified place or another place.\n\n(2) If an offender does not perform work because of circumstances referred to in subregulation (1), the period that the offender would have worked if not for those circumstances is to be taken to be a period of work in computing the number of hours of work performed by the offender.\n\n##### 18. Certain substances prohibited\n\nAn offender is not to bring to, or possess at, the place where the offender is performing work any alcohol, drug, toluene or any other substance capable of influencing a person’s fitness to perform work.\n\n##### 19. Offender under the influence of alcohol etc.\n\n(1) If the overseer considers that an offender is unfit to perform work because the offender is under the influence of alcohol, a drug, toluene or any other substance capable of influencing a person’s fitness to perform work, the overseer —\n\n(a) is to direct the offender not to work; and\n\n(b) is to report the matter to the supervising officer.\n\n(2) Any period during which an offender is directed not to work under subregulation (1) is not to be taken to be a period of work in computing the number of hours of work performed by the offender.\n\n##### 20. Offender not to possess weapon, and confiscation\n\n(1) An offender is not to bring a weapon to, or possess a weapon at, the place where the offender is performing work.\n\n(2) During the period that the work is being performed, the supervising officer or overseer may take possession of a weapon that an offender brings to, or possesses at, the place where the offender is performing work.\n\n##### 21. Offender not to drive vehicle unless authorised\n\nAn offender is not to drive or ride in or on a vehicle at the place where the offender is performing work unless authorised to do so by the supervising officer or overseer.\n\n##### 22. Offender may be excused from work\n\n(1) The supervising officer or, with the approval of the supervising officer, the overseer may excuse an offender from performing work if the supervising officer or overseer, as the case requires, is satisfied that there are reasonable grounds for doing so.\n\n(2) Any period during which an offender is excused from work under subregulation (1) is not to be taken to be a period of work in computing the number of hours of work performed by the offender.\n\n##### 23. Offender ill or injured while performing work\n\n(1) If an offender becomes ill or is injured while performing work, the overseer —\n\n(a) is immediately to notify the supervising officer of the illness or injury; and\n\n(b) in the case of injury, is within 24 hours to provide to the supervising officer a written report of the circumstances in which the injury occurred.\n\n(2) The overseer may excuse an offender who becomes ill or is injured while performing work from working for any period during the remainder of the day.\n\n(3) Any period during which an offender is excused from performing work under subregulation (1) is to be taken to be a period of work in computing the number of hours of work performed by the offender.\n\n##### 24. Supervising officer to notify responsible adult\n\nIf an offender is excused from performing work under regulation 22 or 23, the supervising officer is to take reasonable steps to notify a responsible adult accordingly.\n\n##### 25. Offender unable to attend to perform work because of illness\n\n(1) If, because of illness, an offender is unable to attend to perform work at a time and place specified in a direction given to the offender by the supervising officer, the offender is to notify the supervising officer as soon as practicable within 48 hours after the specified time.\n\n(2) An offender —\n\n(a) who notifies the supervising officer under subregulation (1); and\n\n(b) who, within 3 days after the specified time, provides to the supervising officer a certificate signed by a medical practitioner certifying that, because of illness, the offender was unable to perform work for a period specified in the certificate that includes the specified time,\n\nis to be taken to have been excused from attending to perform work as required by the direction referred to in subregulation (1).\n\n(3) Any period during which an offender is unable to attend to perform work because of illness is not to be taken to be a period of work in computing the number of hours of work performed by the offender.\n\n### Division 5 — Supervision conditions\n\n##### 26. Limits on the reporting requirements of supervision conditions\n\nSupervision conditions imposed on an offender by way of an order made under section 73(1)(c) of the Act are not to require the offender to report more than once each week.\n\n##### 27. Requirement to report for offender who lives in remote area of the State\n\nIf —\n\n(a) the court is considering making an order under section 73(1)(c) that imposes supervision conditions on an offender who lives in a remote area of the State; and\n\n(b) the conditions being considered include a requirement for the offender to report,\n\nthe court is to take into account the fact that the offender lives in a remote area of the State in determining the appropriate requirement to report.\n\n### Division 6 — Intensive youth supervision orders without detention\n\n##### 28. Term used in this Division\n\nIn this Division, supervision order means an intensive youth supervision order made by a court without imposing a sentence of detention.\n\n##### 29. Application of Divisions 3, 4 and 5 to supervision orders\n\nWithout limiting section 100 of the Act and unless otherwise provided in this Division, Divisions 3, 4 and 5 apply, with necessary modifications, to conditions imposed by way of a supervision order as if it were a youth community based order.\n\n##### 30. Limits on the reporting requirements of supervision conditions\n\nSupervision conditions imposed on an offender under section 73(1)(c) of the Act (as read with section 100 of the Act) by way of a supervision order are not to require the offender to report more than 3 times each week.\n\n##### 31. Offender to inform supervising officer of change in address within 48 hours\n\nAn offender who changes address while subject to a supervision order is to comply with section 78(c) of the Act (as read with section 100 of the Act) within 48 hours after the change in the offender’s address.\n\n### Division 7 — Conditional release orders\n\n##### 32. Application of Division 4 to offender released under conditional release order\n\nDivision 4 (other than regulation 25) applies, with necessary modifications, to an offender released under a conditional release order, within the meaning of section 101 of the Act, as if a reference in the Division to the performance of work included a reference to the performance of work, or to complying with any other obligation, in accordance with conditions imposed on an offender by way of a conditional release order.\n\n##### 33. Offender unable to attend to perform work because of illness\n\n(1) If, because of illness, an offender is unable to attend to perform work at a time and place specified in a direction given to the offender by the supervising officer, the offender is to notify the supervising officer as soon as practicable within 24 hours after the specified time.\n\n(2) An offender —\n\n(a) who notifies the supervising officer under subregulation (1);\n\n(b) who, within 3 days after the specified time, provides to the supervising officer a certificate signed by a medical practitioner certifying that, because of illness, the offender was unable to perform work for a period specified in the certificate that includes the specified time; and\n\n(c) who, if so required by the chief executive officer under subregulation (3), is examined by a medical practitioner who verifies that the offender was ill at the specified time,\n\nis to be taken to have been excused from attending to perform work as required by the direction referred to in subregulation (1).\n\n(3) If an offender notifies the supervising officer under subregulation (1), the chief executive officer may require the offender to be examined by a medical practitioner, nominated by the chief executive officer, to verify that the offender was ill at the specified time.\n\n(4) Any period during which an offender is unable to attend to perform work because of illness is not to be taken to be a period of work in computing the number of hours of work performed by the offender.\n\n(5) In this regulation, work means work required to be performed, or any other obligation required to be complied with, in accordance with conditions imposed by way of a conditional release order.\n\n## Part 4 — Special detention centres\n\n##### 34. Detention centres established and operated as special detention centres\n\n(1) Detention centres to be known as special detention centres may be established and operated where detainees are required to undertake designated work and other developmental programmes in a structured and disciplined environment in order to attain predetermined goals.\n\n(2) In attaining predetermined goals, detainees in special detention centres are required to undertake activities that demonstrate progress in their self‑discipline, work performance and capacity to participate in developmental programmes.\n\n[Part 5 (r. 35) deleted: Gazette 27 Jun 2005 p. 2851.]\n\n## Part 6 — Hearing and determination of detention offences\n\n##### 36. Term used in this Part\n\nIn this Part, superintendent or visiting justice means the superintendent or visiting justice hearing and determining a charge of a detention offence.\n\n##### 37. Charge of detention offence\n\n(1) If a charge of a detention offence is made under section 171 of the Act, the charge is to be made in writing and is to contain —\n\n(a) the name of the detainee alleged to have committed the offence;\n\n(b) the date, time and place of the alleged offence;\n\n(c) the details of any person assaulted or any property broken, damaged or destroyed in the commission of the alleged offence;\n\n(d) a description of any injury or damage resulting from the alleged offence; and\n\n(e) a brief summary of the alleged circumstances of the offence.\n\n(2) A copy of the charge is to be made available to the detainee alleged to have committed the offence a reasonable time before the hearing of the charge.\n\n##### 38. Notification of hearing\n\n(1) If —\n\n(a) a detainee is charged with a detention offence; and\n\n(b) a date is set for the hearing of the charge,\n\nthe superintendent is to take reasonable steps to notify a responsible adult of the date set for the hearing and of the right of the responsible adult to be present at the hearing.\n\n(2) It is sufficient compliance with subregulation (1) if the superintendent causes written notification of the hearing to be forwarded to the last address recorded at the detention centre for the responsible adult.\n\n##### 39. Representation of detainee\n\n(1) The superintendent or visiting justice is to permit a suitable person, other than a legal practitioner, nominated or agreed to by the detainee charged to assist and represent the detainee at the hearing of the charge.\n\n(2) It is for the superintendent or visiting justice to determine whether a person nominated or agreed to under subregulation (1) is a suitable person for the purposes of that subregulation.\n\n##### 40. Procedure\n\n(1) Subject to subregulation (2), the procedure that applies to the hearing and determination of a charge of a detention offence is —\n\n(a) the prosecuting officer is to state the case against the detainee and call any witnesses in support of the charge;\n\n(b) the superintendent or visiting justice may take evidence on oath, affirmation or otherwise at his or her discretion;\n\n(c) the prosecuting officer is to conduct the examination in chief of each witness and the detainee or the detainee’s representative may cross‑examine each witness;\n\n(d) the prosecuting officer may re‑examine each witness on matters arising out of cross‑examination;\n\n(e) the prosecuting officer is then to close his or her case; and\n\n(f) the detainee is then to give evidence on his or her own behalf and call any witnesses, and paragraphs (c), (d) and (e) are to apply with necessary modifications.\n\n(2) The superintendent or visiting justice may at the request of the detainee or the detainee’s representative adjourn the hearing of the charge to permit the detainee to consider the charge more properly and prepare a defence to it.\n\n(3) The superintendent or visiting justice —\n\n(a) is to conduct proceedings expeditiously and without undue adjournment or delay;\n\n(b) is to keep or cause to be kept an accurate record of proceedings;\n\n(c) may question a witness called; and\n\n(d) may direct that a particular witness be called or call and question a witness.\n\n(4) The prosecuting officer and the detainee or the detainee’s representative may question a witness called and questioned under subregulation (3)(d).\n\n## Part 6A — Miscellaneous\n\n[Heading inserted: Gazette 9 Jan 1996 p. 54.]\n\n##### 40A. Calculation of period of detention by reference to unpaid amount (s. 65C(2))\n\nFor the purposes of section 65C(2) of the Act, the period of detention in a detention order (expressed in days) is to be calculated by dividing the unpaid amount by $250 and rounding the result down to the nearest whole number.\n\n[Regulation 40A inserted: Gazette 9 Jan 1996 p. 54; amended: Gazette 25 Jul 2000 p. 3909; 19 Jun 2009 p. 2233.]\n\n##### 40B. Restriction of access to exchange information (s. 16(8)(b))\n\n(1) A person must not publish information disclosed under section 16(5) of the Act without the written approval of the chief executive officer.\n\nPenalty: a fine of $1 000.\n\n(2) The chief executive officer must not give approval under subregulation (1) unless the chief executive officer is satisfied that —\n\n(a) the research for which the information was disclosed was conducted in a methodologically sound manner; and\n\n(b) the report based on that research is factually correct; and\n\n(c) the publication does not identify individuals, reveal confidential departmental information or otherwise pose a security risk to the operations of the Department.\n\n[Regulation 40B inserted: Gazette 3 Apr 2007 p. 1509-10.]\n\n## Part 7 — Detainee gratuities\n\n[Heading amended: Gazette 27 Jun 2005 p. 2852.]\n\n### Division 1 — Special detention centres\n\n##### 41. Classification of activities undertaken by detainees in special detention centres\n\n(1) For the purpose of crediting gratuities to detainees in special detention centres, the activities undertaken by detainees are to be classified by the chief executive officer as —\n\n(a) level 1 activities, in respect of activities that are at times undertaken without supervision and activities that are undertaken in the local community and require special aptitude and diligence;\n\n(b) level 2 activities, in respect of activities that are at times undertaken under general supervision in the local community and activities that require above average aptitude and diligence; or\n\n(c) level 3 activities, in respect of activities that are undertaken under direct supervision and activities that require average aptitude and diligence.\n\n(2) The level at which activities are classified is as the chief executive officer considers appropriate, having regard to the matters set out in subregulation (1)(a), (b) and (c).\n\n##### 42. Gratuities credited to a detainee in special detention centre\n\nThe gratuities that may be credited to a detainee in a special detention centre are —\n\n(a) for undertaking level 1 activities, $50.11 each week;\n\n(b) for undertaking level 2 activities, $35.80 each week; or\n\n(c) for undertaking level 3 activities, $21.48 each week.\n\n[Regulation 42 amended: Gazette 19 Jun 2009 p. 2233.]\n\n### Division 2 — Detention centres other than special detention centres\n\n##### 43. Gratuities credited to a detainee in detention centre that is not a special detention centre\n\n(1) Subject to subregulations (2A), (2) and (3), the gratuities that may be credited to a detainee in a detention centre other than a special detention centre are $21.48 each week.\n\n(2A) The rate of gratuities to be credited under subregulation (1) is to be varied each year according to the variation in the previous year of the Consumer Price Index (all groups) Perth as issued by the Australian Bureau of Statistics under the authority of the *Census and Statistics Act 1905* (Commonwealth) and the date from which any such variation is to be credited is to be determined by the chief executive officer.\n\n(2) The superintendent may direct that, because of the nature of the activities that a detainee is required to undertake, the gratuities credited to the detainee be increased, as the superintendent considers appropriate, for the period during which the detainee undertakes those activities.\n\n(3) Gratuities are not to be credited to a detainee who is detained for less than 3 days.\n\n(4) In this regulation, detainee means a detainee detained in a detention centre other than a special detention centre.\n\n[Regulation 43 amended: Gazette 19 Jun 2009 p. 2233.]\n\n### Division 3 — General\n\n##### 44. Superintendent may direct gratuities be withheld or reduced\n\n(1) If a detainee refuses to undertake activities as directed, the superintendent may direct that no gratuities be credited to the detainee for the period during which the detainee refuses to undertake those activities.\n\n(2) If the performance of activities undertaken by a detainee at a detention centre is, in the opinion of the superintendent, unsatisfactory, the superintendent may direct that the gratuities credited to the detainee be reduced, as the superintendent considers appropriate, for the period during which the performance of those activities is unsatisfactory.\n\n(3) If the superintendent gives a direction under subregulation (1) or (2), the superintendent is to maintain a record of the reasons for giving the direction.\n\n##### 45. Superintendent may direct deductions from gratuities\n\nIf a detainee causes any property of the State in a detention centre to be lost, broken, damaged or destroyed, the superintendent may direct that an amount that the superintendent considers appropriate —\n\n(a) be deducted from the gratuities that are credited to the detainee; and\n\n(b) be paid towards the repair or replacement of the property.\n\n##### 46. Superintendent may direct when gratuities are to be credited\n\nThe superintendent may direct that gratuities be credited to detainees at times that the superintendent considers appropriate.\n\n## Part 7A — Detainee privileges\n\n[Heading inserted: Gazette 27 Jun 2005 p. 2852.]\n\n##### 46A. Granting and withdrawing of privileges\n\n(1) In this Part —\n\n  authorised means authorised by the superintendent;\n\n  privilege means a concession or luxury extended to a detainee in addition to any rights provided by statutory or common law.\n\n(2) A privilege may be extended to a detainee at the discretion of an authorised officer.\n\n(3) An authorised officer may withdraw a privilege from any detainee at any time satisfied that —\n\n(a) the privilege is being misused;\n\n(b) the detainee has been involved in a breach of a rule made under section 181 of the Act;\n\n(c) continued provision of that privilege constitutes a threat to, or a breach of, the security of the detention centre; or\n\n(d) the detainee has use or possession of an article and that use or possession has not been approved or granted by an authorised person.\n\n(4) An authorised officer must withdraw a privilege from a detainee when requested to do so by the Director of Juvenile Custodial Services.\n\n(5) If a privilege is withdrawn by an authorised officer, the detainee may seek a review of the decision to withdraw that privilege by the superintendent.\n\n[Regulation 46A inserted: Gazette 27 Jun 2005 p. 2852-3.]\n\n##### 46B. Privileges\n\n(1) The privileges that may be extended to a detainee may include access to —\n\n(a) the canteen;\n\n(b) recreation and sporting facilities;\n\n(c) a television set, radio, cassette player, compact disc player or computer game;\n\n(d) musical instruments;\n\n(e) items of personal property approved by the superintendent;\n\n(f) the library for recreational purposes;\n\n(g) special visits.\n\n(2) The superintendent may approve other items as privileges.\n\n[Regulation 46B inserted: Gazette 27 Jun 2005 p. 2853.]\n\n## Part 8 — Employees\n\n[Heading inserted: Gazette 21 Aug 2015 p. 3325.]\n\n### Division 1 — Preliminary\n\n[Heading inserted: Gazette 27 Jun 2005 p. 2853.]\n\n##### 47. Terms used\n\nIn this Part —\n\ncapsicum spray weapon has the meaning given in the *Weapons Regulations 1999* regulation 3;\n\n  miscellaneous employee means an officer or employee appointed under section 11(1a)(b) of the Act.\n\n[Regulation 47 inserted: Gazette 27 Jun 2005 p. 2853-4; amended: Gazette 19 Jun 2009 p. 2233; SL 2024/268 r. 5.]\n\n### Division 2 — Employment generally\n\n[Heading inserted: Gazette 27 Jun 2005 p. 2854.]\n\n##### 48A. Term used: remove\n\nIn this Division —\n\nremove, in relation to a person appointed under section 11(1a) of the Act, means terminate the employment of the person.\n\n[Regulation 48A inserted: Gazette 21 Aug 2015 p. 3325.]\n\n##### 48. Application\n\n(1) The “employment” provisions in this Division apply to juvenile custodial officers and miscellaneous employees but do not apply to persons appointed under section 11(1) of the Act.\n\n(2) This Division applies in addition to, and does not limit, the provisions in Divisions 3 and 4A.\n\n[Regulation 48 inserted: Gazette 27 Jun 2005 p. 2854; amended: Gazette 19 Jun 2009 p. 2234; 21 Aug 2015 p. 3325.]\n\n##### 49. Officers and employees of particular classes prescribed (section 11(1a)(b))\n\n(1) The following descriptions of classes of officers and employees are prescribed for the purposes of section 11(1a)(b) of the Act —\n\n(a) medical staff;\n\n(b) teaching staff;\n\n(c) program support staff;\n\n(d) detention centre support staff.\n\n(2) The following officers and employees are included in those classes —\n\n(a) medical staff — persons who have undergone medical, nursing or health training and hold qualifications indicating successful completion of that training;\n\n(b) teaching staff — persons who provide recreation or sports supervision, teachers, vocational trainers and social trainers;\n\n(c) program support staff — counsellors, program facilitators and librarians;\n\n(d) detention centre support staff — cleaning staff, laundry staff, gardening staff, vehicle driving staff, maintenance staff and hairdressers.\n\n[Regulation 49 inserted: Gazette 27 Jun 2005 p. 2854-5.]\n\n##### 50. Functions of officers and employees of particular classes prescribed (section 11(2))\n\nThe functions of miscellaneous employees are —\n\n(a) those set out in their contracts of employment;\n\n(b) the duties described in section 11A of the Act for all employees;\n\n(c) to obey all lawful orders given to them by the superintendent and any other officer having authority or control over them.\n\n[Regulation 50 inserted: Gazette 27 Jun 2005 p. 2855.]\n\n##### 51. Circumstances of removal for physical or mental health reasons (section 11(1a))\n\n(1) A juvenile custodial officer or miscellaneous employee who is, in the opinion of the chief executive officer, unable to perform his or her duties properly by reason of his or her physical or mental health may be required by the chief executive officer to submit to a medical examination by a board consisting of a medical practitioner nominated by that juvenile custodial officer or miscellaneous employee, and 2 medical practitioners appointed by the Chief Health Officer.\n\n(2) If, 7 days prior to the day of examination, the juvenile custodial officer or miscellaneous employee has not nominated a medical practitioner who has consented to attend the medical examination, the Chief Health Officer may appoint all 3 medical practitioners to constitute the board.\n\n(3) If a board, or the majority of the members of a board, reports to the chief executive officer that a juvenile custodial officer or miscellaneous employee is unable to perform his or her duties properly by reason of his or her physical or mental health, the chief executive officer may remove the juvenile custodial officer or miscellaneous employee.\n\n[(4)-(6) deleted]\n\n[Regulation 51 inserted: Gazette 27 Jun 2005 p. 2855-6; amended: Gazette 19 Jun 2009 p. 2234; 21 Aug 2015 p. 3326; 10 Jan 2017 p. 188.]\n\n##### 52A. Circumstances of removal for other reasons (section 11(1a))\n\n(1) A juvenile custodial officer or miscellaneous employee who provides false, incomplete or misleading information in or with respect to an application for engagement as a juvenile custodial officer or miscellaneous employee may be removed by the chief executive officer.\n\n(2) Where the chief executive officer is of the opinion during, or at the end of, the period of probation of a juvenile custodial officer or miscellaneous employee that the juvenile custodial officer or miscellaneous employee is unsatisfactory in the performance of his or her duties, or unsuitable to be a juvenile custodial officer or miscellaneous employee, the chief executive officer may remove that juvenile custodial officer or miscellaneous employee.\n\n(3) The chief executive officer may extend the period of probation for a juvenile custodial officer or miscellaneous employee.\n\n[Regulation 52A inserted: Gazette 21 Aug 2015 p. 3326.]\n\n##### 52. Notice prior to removal (section 11(1a))\n\n(1) A juvenile custodial officer or miscellaneous employee who is removed under regulation 51(3) is entitled to one month’s notice from the chief executive officer or to one month’s pay in lieu of notice.\n\n(2) A juvenile custodial officer or miscellaneous employee who leaves his or her employment of his or her own accord must give one month’s notice in writing or must forfeit one month’s pay.\n\n(3) A juvenile custodial officer or miscellaneous employee on probation must give 2 weeks’ notice of an intention to leave the employment, or must forfeit 2 weeks’ pay.\n\n(4) If a juvenile custodial officer or miscellaneous employee on probation is removed, other than under regulation 52A(1) or section 11CC of the Act, the juvenile custodial officer or miscellaneous employee must be given 2 weeks’ notice by the chief executive officer or 2 weeks’ pay in lieu of notice.\n\n(5) Where a period of notice is required to be given under this regulation, the chief executive officer may, without prejudice to the entitlement of the juvenile custodial officer or miscellaneous employee to pay, abridge or dispense with such notice.\n\n[Regulation 52 inserted: Gazette 27 Jun 2005 p. 2856-7; amended: Gazette 19 Jun 2009 p. 2234; 21 Aug 2015 p. 3326‑7.]\n\n### Division 3 — Discipline of custodial officers\n\n[Heading inserted: Gazette 21 Aug 2015 p. 3327.]\n\n##### 53. Application of *Public Sector Management Act 1994* Part 5\n\nFor the purposes of section 11(1C) of the Act custodial officers are prescribed for the purposes of the *Public Sector Management Act 1994* section 76(1)(b).\n\n[Regulation 53 inserted: Gazette 21 Aug 2015 p. 3327.]\n\n### Division 4A — Removal of custodial officer due to loss of confidence\n\n[Heading inserted: Gazette 21 Aug 2015 p. 3327.]\n\n##### 54. Terms used\n\nIn this Division, unless the contrary intention appears —\n\ninspection list  means a written list of relevant material gathered by a review officer for the purpose of an investigation under regulation 57;\n\nnotice means a notice given under section 11CD(1) of the Act;\n\nprivilege means —\n\n(a) a privilege that would attach to a document prepared for the purpose of pending or contemplated legal proceedings or in connection with the obtaining or giving of legal advice; or\n\n(b) immunity from production of a document or any material where the production would be against the public interest; or\n\n(c) immunity from production of a document or any material under a written law;\n\nrelevant material means any material relevant to any issue identified in a summary of investigation concerning the custodial officer referred to in regulation 56(1);\n\nremoval action, in relation to a custodial officer, means the removal of the custodial officer under section 11CC of the Act;\n\nreview officer means a person appointed under regulation 56;\n\nsubmission period  has the meaning given in section 11CD(2) of the Act;\n\n  suitability to continue as a custodial officer has the meaning given in section 11CA of the Act;\n\n  summary of investigation  means a written report that includes reference to relevant material gathered by the review officer for the purpose of an investigation under regulation 57.\n\n[Regulation 54 inserted: Gazette 21 Aug 2015 p. 3327‑8.]\n\n##### 55. Application of this Division\n\nThis Division applies if, under Part 3 Division 3 of the Act, the chief executive officer —\n\n(a) is contemplating taking removal action; or\n\n(b) has decided to take removal action; or\n\n(c) has taken removal action.\n\n[Regulation 55 inserted: Gazette 21 Aug 2015 p. 3328.]\n\n##### 56. Appointment of review officer\n\n(1) If the chief executive officer is contemplating taking removal action in relation to a custodial officer, the chief executive officer may appoint a review officer in relation to that custodial officer.\n\n(2) A person must not be appointed as a review officer in relation to a custodial officer if that person has been directly involved in —\n\n(a) a previous investigation that resulted in information being supplied to the chief executive officer regarding that custodial officer’s suitability to continue as a custodial officer; or\n\n(b) a previous investigation of a suspected breach of discipline by that custodial officer that resulted in —\n\n(i) a decision under the *Public Sector Management Act 1994* section 81(1)(a); and\n\n(ii) disciplinary action as defined in section 80A of that Act;\n\nor\n\n(c) a previous investigation that resulted in a charge being laid against that custodial officer under regulation 55 or 56 as those provisions were in force immediately before the commencement of the *Young Offenders Amendment Regulations 2015* regulation 10; or\n\n(d) any decision‑making relating to an investigation referred to in paragraph (a), (b) or (c).\n\n[Regulation 56 inserted: Gazette 21 Aug 2015 p. 3328‑9.]\n\n##### 57. Role of review officer\n\n(1) The review officer must conduct an investigation into the custodial officer referred to in regulation 56(1) and prepare —\n\n(a) a summary of investigation; and\n\n(b) an inspection list.\n\n(2) The review officer must identify in the inspection list any document in respect of which privilege is claimed and state in that inspection list each ground on which the privilege is claimed.\n\n(3) The review officer is subject to the direction of the chief executive officer in conducting the investigation and preparing the summary of investigation and inspection list.\n\n[Regulation 57 inserted: Gazette 21 Aug 2015 p. 3329.]\n\n##### 58. Provision of material to chief executive officer\n\n(1) When the review officer completes the investigation, the review officer must provide the chief executive officer with —\n\n(a) the summary of investigation; and\n\n(b) the inspection list; and\n\n(c) any material referred to in the inspection list that the review officer considers appropriate.\n\n(2) Before the chief executive officer decides whether or not to give a notice, the chief executive officer may cause further material, including written reports, to be provided to the chief executive officer.\n\n(3) The chief executive officer may direct the review officer to —\n\n(a) conduct a further investigation in accordance with regulation 57 and subregulation (1); and\n\n(b) prepare and submit to the chief executive officer —\n\n(i) a supplementary summary of investigation; and\n\n(ii) a supplementary inspection list.\n\n(4) The chief executive officer’s direction may include a direction as to the matters to be investigated and included in the supplementary summary of investigation.\n\n[Regulation 58 inserted: Gazette 21 Aug 2015 p. 3329.]\n\n##### 59. Notice of loss of confidence\n\n(1) In addition to the grounds to be set out under section 11CD(1) of the Act, a notice must —\n\n(a) set out the particular conduct or behaviour on which the chief executive officer’s loss of confidence is based; and\n\n(b) advise the custodial officer that during the submission period the custodial officer may make written submissions to the chief executive officer in respect of the grounds on which the chief executive officer has lost confidence in the custodial officer’s suitability to continue as a custodial officer.\n\n(2) When the chief executive officer gives the notice to a custodial officer, the chief executive officer must also provide to the custodial officer a copy of the following documents relating to the decision to give the notice —\n\n(a) any summary of investigation and any supplementary summary of investigation;\n\n(b) any inspection list and any supplementary inspection list;\n\n(c) any document examined and taken into account in deciding to give the notice.\n\n(3) As soon as practicable after the chief executive officer gives the notice to a custodial officer, the chief executive officer must make available to the custodial officer for inspection any other material examined and taken into account in deciding to give the notice.\n\n(4) Subregulations (2) and (3) do not apply to any document or material that is privileged.\n\n(5) If the chief executive officer does not provide the custodial officer with a copy of a document or make available to the custodial officer for inspection any other material because it is privileged, the chief executive officer must advise the custodial officer of each ground on which the document or material is privileged.\n\n[Regulation 59 inserted: Gazette 21 Aug 2015 p. 3330.]\n\n##### 60. Access to material\n\n(1) During the submission period the chief executive officer must permit a custodial officer who has been given a notice or the custodial officer’s legal representative to inspect any material referred to in the inspection list or any supplementary inspection list that is not privileged.\n\n(2) A custodial officer who has been given a notice may make a request in writing to the chief executive officer for permission to inspect any material, other than material provided to the custodial officer under these regulations, that —\n\n(a) the custodial officer has seen or created in the course of his or her duties as a custodial officer; and\n\n(b) is relevant to any issue concerning the custodial officer referred to in the notice.\n\n(3) The request must be made as soon as practicable after, and in any event within 14 days after, the day on which the custodial officer was given the notice.\n\n(4) During the submission period the chief executive officer must as far as practicable permit the custodial officer or the custodial officer’s legal representative to inspect the material the subject of a request under subregulation (2).\n\n[Regulation 60 inserted: Gazette 21 Aug 2015 p. 3330‑1.]\n\n##### 61. Chief executive officer’s assessment of custodial officer’s submissions\n\n(1) If the chief executive officer receives submissions from a custodial officer under section 11CD(2) of the Act, the chief executive officer may cause further material, including written reports, to be provided to the chief executive officer.\n\n(2) The chief executive officer must where practicable within 21 days, and in any event within 42 days, after the end of the submission period, decide whether or not a period for further investigation or analysis of any submissions of the custodial officer is necessary.\n\n(3) If the chief executive officer decides that a further period for investigation or analysis is required, the chief executive officer must endeavour to cause that investigation or analysis to be completed within 7 weeks after receiving the custodial officer’s submissions.\n\n(4) If the further investigation or analysis cannot be completed within the period referred to in subregulation (3), the chief executive officer must give the custodial officer a notice stating —\n\n(a) the reason for the further investigation or analysis; and\n\n(b) the time period required to complete the further investigation or analysis; and\n\n(c) the reason for the need for that time period.\n\n(5) Despite deciding under section 11CD(3)(a) of the Act not to take removal action, the chief executive officer may decide that the custodial officer’s performance or conduct warrants other action being taken in relation to the custodial officer under the Act or these regulations.\n\n[Regulation 61 inserted: Gazette 21 Aug 2015 p. 3331‑2.]\n\n##### 62. Further ground for removal\n\n(1) If the chief executive officer concludes that he or she has lost confidence in the custodial officer’s suitability to continue as a custodial officer on a ground other than a ground set out in the notice the chief executive officer must —\n\n(a) give the custodial officer notice in writing of the further ground; and\n\n(b) provide to the custodial officer a copy of any document and make available for inspection any other material that has been examined and taken into account by the chief executive officer under this Division with the exception of —\n\n(i) a copy of a document already given to the custodial officer or any material already made available for inspection by the custodial officer under this Division; and\n\n(ii) a privileged document or material;\n\nand\n\n(c) allow the custodial officer a specified period to provide a response to the further ground.\n\n(2) For the purpose of subregulation (1)(c), the specified period is —\n\n(a) a period of 21 days beginning on the later of the following days —\n\n(i) the day on which the custodial officer is given the notice of the further ground;\n\n(ii) the day on which the custodial officer is provided with copies of all of the documents required to be provided under subregulation (1)(b);\n\n(iii) the day on which all material required to be made available has been made available to the custodial officer for inspection under subregulation (1)(b);\n\nor\n\n(b) any longer period approved by the chief executive officer before the end of the period referred to in paragraph (a), on —\n\n(i) an application made by the custodial officer; or\n\n(ii) the initiative of the chief executive officer.\n\n(3) If the chief executive officer does not provide the custodial officer with a copy of a document or make available for inspection any other material that was examined and taken into account by the chief executive officer under this Division because it is privileged, the chief executive officer must advise the custodial officer of each ground on which the document or material is privileged.\n\n(4) Subregulation (3) does not apply if the chief executive officer has already advised the custodial officer under this Division of each ground on which the document or material is privileged.\n\n[Regulation 62 inserted: Gazette 21 Aug 2015 p. 3332‑3.]\n\n##### 63. Notice of chief executive officer’s decision on removal action and material relied on\n\n(1) As far as practicable, a decision notice as defined in section 11CD(3)(b) of the Act must be given to the custodial officer within 7 days after the chief executive officer has decided to take removal action.\n\n(2) The chief executive officer is not required to comply with section 11CD(6) of the Act to the extent that —\n\n(a) the chief executive officer has already provided the custodial officer with a copy of the document or made available to the custodial officer for inspection any other material under this Division; or\n\n(b) the document or material is privileged.\n\n(3) If the chief executive officer does not comply with section 11CD(6) of the Act because the document or material is privileged the chief executive officer must advise the custodial officer of each ground on which the document or material is privileged.\n\n(4) Subregulation (3) does not apply if the chief executive officer has already advised the custodial officer under this Division of each ground on which the document or material is privileged.\n\n[Regulation 63 inserted: Gazette 21 Aug 2015 p. 3333.]\n\n##### 64. Service of notices or documents\n\n(1) If a notice or document is required to be given to a custodial officer under Part 3 Division 3 of the Act or this Division, service may be effected on the custodial officer —\n\n(a) by delivering it to the custodial officer personally; or\n\n(b) by properly addressing and posting it (by prepaid post) as a letter to the usual or last known residential address of the custodial officer or address for service given by the custodial officer in writing to the chief executive officer; or\n\n(c) by leaving it for the custodial officer at the custodial officer’s usual or last known residential address; or\n\n(d) by leaving it for the custodial officer at an address for service given by the custodial officer in writing to the chief executive officer.\n\n(2) Service under subregulation (1) is to be taken to be effected —\n\n(a) in the case of service under subregulation (1)(a), at the time of delivery to the custodial officer; or\n\n(b) in the case of service under subregulation (1)(b), at the time when the letter would have been delivered in the ordinary course of post; or\n\n(c) in the case of service under subregulation (1)(c), at the time it is left at the residential address; or\n\n(d) in the case of service under subregulation (1)(d), at the time it is left at the address given to the chief executive officer.\n\n[Regulation 64 inserted: Gazette 21 Aug 2015 p. 3333‑4.]\n\n##### 65. Application\n\nRegulations 55 to 63 do not apply where a custodial officer is removed under regulation 51 or 52A.\n\n[Regulation 65 inserted: Gazette 21 Aug 2015 p. 3334.]\n\n##### 66. Restriction on suspending custodial officer’s pay\n\nDuring any period in which consideration is being given to a custodial officer’s suitability to continue as a custodial officer, the chief executive officer cannot suspend the custodial officer’s pay.\n\n[Regulation 66 inserted: Gazette 21 Aug 2015 p. 3334.]\n\n[**67-69.** Deleted: Gazette 21 Aug 2015 p. 3327.]\n\n### Division 4 — Use of force\n\n[Heading inserted: Gazette 27 Jun 2005 p. 2867.]\n\n[**70.** Deleted: SL 2024/268 r. 6.]\n\n##### 71. Prescribed force (section 11C(1))\n\n(1) For the purposes of section 11C(1) of the Act, the force is, in relation to a detainee, the minimum required to control the detainee’s behaviour in the circumstances.\n\n(2) A custodial officer must not use a physical restraint hold when using force unless —\n\n(a) the custodial officer has received instruction in the proper use of that hold; and\n\n(b) the use of that type of hold has been authorised by the superintendent.\n\n(3) A custodial officer must not, when using force, use a capsicum spray weapon unless the custodial officer is authorised in writing by the chief executive officer to use the capsicum spray weapon.\n\n(4) For the purposes of subregulation (3), the chief executive officer cannot authorise a custodial officer unless the chief executive officer is satisfied that the custodial officer has received instruction in the proper use of the capsicum spray weapon.\n\n[Regulation 71 inserted: Gazette 27 Jun 2005 p. 2868; amended: SL 2024/268 r. 7.]\n\n##### 72. Prescribed circumstances for use of force (section 11C(2))\n\n(1) For the purposes of section 11C(2) of the Act, the circumstances are that a detainee is presenting a risk of imminent physical injury to themselves or another person.\n\n(2) Without limiting subregulation (1), a detainee ceases to present a risk of imminent physical injury to themselves or another person if the detainee’s behaviour has been stabilised.\n\n[Regulation 72 inserted: SL 2024/268 r. 8.]\n\n##### 72A. Procedure following use of force\n\n(1) In this regulation —\n\nmedical staff means officers or employees —\n\n(a) of the class prescribed by regulation 49(1)(a); and\n\n(b) appointed under section 11(1a)(b) of the Act.\n\n(2) This regulation applies in relation to an incident involving the use of force in relation to a detainee.\n\n(3) The detainee in relation to whom the force was used must be examined by a member of the medical staff as soon as practicable after the incident.\n\n(4) The member of the medical staff who conducted the examination must ensure that a written report of the examination is prepared and forwarded to the superintendent.\n\n(5) The superintendent must ensure that photographs are taken immediately of any injuries sustained by the detainee or any member of staff.\n\n(6) A written report of the incident, in relation to each detainee in respect of whom force was used during the incident, must be provided to the superintendent by the custodial officer who used the force.\n\n[Regulation 72A inserted: SL 2024/268 r. 8.]\n\n## Part 9 — Confinement of detainees\n\n[Heading inserted: Gazette 27 Jun 2005 p. 2869.]\n\n### Division 1 — Preliminary\n\n[Heading inserted: Gazette 27 Jun 2005 p. 2869.]\n\n##### 73. Term used in this Part\n\nIn this Part —\n\n  unlock hours means the period during which detainees who are not subject to confinement or restraint are able to leave their sleeping quarters.\n\n[Regulation 73 inserted: Gazette 27 Jun 2005 p. 2869.]\n\n##### 74. Imposition of confinement\n\n(1) A superintendent or a visiting justice may order that a detainee be confined to that detainee’s sleeping quarters or to a designated room as a way of dealing with a detainee who has been found to have committed a detention offence.\n\n(2) A superintendent may order that a detainee be confined to that detainee’s sleeping quarters or to a designated room in order to maintain good government, good order or security in a detention centre.\n\n[Regulation 74 inserted: Gazette 27 Jun 2005 p. 2869.]\n\n### Division 2 — Detention offence confinement\n\n[Heading inserted: Gazette 27 Jun 2005 p. 2869.]\n\n##### 75. Application\n\nThis Division applies to an order by a superintendent or a visiting justice that a detainee be confined to that detainee’s sleeping quarters or to a designated room as a way of dealing with a detainee who has been found to have committed a detention offence.\n\n[Regulation 75 inserted: Gazette 27 Jun 2005 p. 2869.]\n\n##### 76. Confinement procedures\n\n(1) A superintendent must make and maintain a record of an order to confine a detainee.\n\n(2) Where the confinement is ordered to take place in a designated room, the room used for the confinement must be assessed by the superintendent to be of an appropriate size and sufficiently ventilated and lit that the detainee can be confined in that room without injury to health.\n\n(3) A detainee confined under this Division is entitled to fresh air, exercise and staff company for a period of at least 30 minutes every 3 hours during unlock hours.\n\n[Regulation 76 inserted: Gazette 27 Jun 2005 p. 2870.]\n\n##### 77. Confinement monitoring, searches etc.\n\n(1) A detainee placed in confinement must be subject to continuous monitoring for the first 30 minutes of that confinement.\n\n(2) After the first 30 minutes of confinement, a confined detainee must be subject to regular monitoring carried out in accordance with a written management regime that has been endorsed by the superintendent.\n\n(3) The confinement of a detainee is subject to the usual regimen of searches, checks, observation, notification, record‑keeping, reporting and other requirements that are imposed under administrative rules and instructions.\n\n[Regulation 77 inserted: Gazette 27 Jun 2005 p. 2870.]\n\n### Division 3 — Good government, good order or security confinement\n\n[Heading inserted: Gazette 27 Jun 2005 p. 2870.]\n\n##### 78. Application\n\n(1) This Division applies to an order by a superintendent that a detainee be confined to that detainee’s sleeping quarters or to a designated room as a way of maintaining good government, good order or security.\n\n(2) A superintendent may order that a combined period of separate confinement and a period of work time be imposed on a detainee for the purpose of this Division but, in that case, the period of work time is to be counted as confinement time for the purposes of section 196(2)(e) of the Act.\n\n[Regulation 78 inserted: Gazette 27 Jun 2005 p. 2870-1.]\n\n##### 79. Confinement procedures\n\n(1) A superintendent must make and maintain a record of an order to confine a detainee.\n\n(2) The superintendent that ordered confinement must inform the detainee of the reason for the confinement.\n\n(3) Where the confinement is ordered to take place in a designated room, the room used for the confinement must be assessed by the superintendent to be of an appropriate size and sufficiently ventilated and lit that the detainee can be confined in that room without injury to health.\n\n(4) A detainee whose confinement is for 12 hours or longer is entitled to at least one hour of exercise each 6 hours during unlock hours.\n\n(5) The superintendent may at any time cut short a period of confinement or a period of work time that has been ordered and return the detainee to the appropriate program area.\n\n[Regulation 79 inserted: Gazette 27 Jun 2005 p. 2871.]\n\n##### 80. Confinement monitoring, searches etc.\n\n(1) A confined detainee must be subject to the regimen of searches, checks, observation, notification and other requirements (if any) set out in juvenile custodial rules made for this purpose and approved by the chief executive officer.\n\n(2) The confinement of a detainee is subject to the usual regimen of searches, checks, observation, notification, record‑keeping, reporting and other requirements that are imposed under administrative rules and instructions.\n\n[Regulation 80 inserted: Gazette 27 Jun 2005 p. 2871-2.]\n\n## Part 10 — Search and seizure\n\n[Heading inserted: Gazette 27 Jun 2005 p. 2872.]\n\n### Division 1 — Preliminary\n\n[Heading inserted: Gazette 27 Jun 2005 p. 2872.]\n\n##### 81. Terms used in this Part and application\n\n(1) In this Part —\n\n  illegal, in relation to things, means an article or substance, the possession of which is unlawful;\n\n  illegal thing  means an article or substance that a person conducting a search suspects is illegal;\n\n  substance includes any narcotic drug to which the *Misuse of Drugs Act 1981* applies, any drug that may be obtained by prescription, any solvent that might be abused and alcohol;\n\n  unauthorised, in relation to things, means an article or substance —\n\n(a) that a detainee cannot have or retain without a prescription or the approval of the superintendent;\n\n(b) that are not available to detainees generally, to prevent harm or self‑harm; or\n\n(c) that appear to a person conducting an authorised search to constitute a threat to or breach of the security or good order of the detention centre;\n\n  unauthorised thing  means an article or substance that a person conducting a search suspects is unauthorised.\n\n(2) If a superintendent is uncertain as to the gender of a person to be searched under this Part —\n\n(a) the superintendent must ask the person to advise whether a male or female should carry out the search and must act in accordance with the answer; and\n\n(b) in the absence of an answer, the person is to be treated as if of the gender that the person outwardly appears to the superintendent to be.\n\n(3) In this Part, the manner in which a person can be searched is limited to either a “pat down” search or a “strip” search or both.\n\n(4) In this Part, if the superintendent is empowered to search a detainee, officer or other employee, or a person to whom Division 4 applies, the superintendent is empowered to direct an officer to undertake that search on his or her behalf.\n\n[Regulation 81 inserted: Gazette 27 Jun 2005 p. 2872-3.]\n\n##### 82. Superintendent empowered to search\n\n(1) A superintendent is authorised to search any detainee in accordance with this Part and take from him or her any illegal or unauthorised thing found on his or her person.\n\n(2) A superintendent is authorised to search any officer or other employee in accordance with this Part in order to ascertain whether any illegal or unauthorised thing is in his or her possession.\n\n(3) A superintendent is authorised to search any person in the circumstances set out in regulation 91, including a child, in accordance with this Part in order to ascertain whether any illegal or unauthorised thing is in his or her possession.\n\n(4) A superintendent is authorised to search any person or vehicle outside but near a detention centre in accordance with this Part, where in the opinion of the superintendent that search is necessary for the security or good order of the detention centre, in order to ascertain whether any illegal or unauthorised thing is present.\n\n[Regulation 82 inserted: Gazette 27 Jun 2005 p. 2873-4.]\n\n##### 83. Superintendent empowered to search with assistance of trained dog\n\nA superintendent is authorised to use a trained dog to assist in carrying out a search in accordance with this Part.\n\n[Regulation 83 inserted: Gazette 27 Jun 2005 p. 2874.]\n\n##### 84. Superintendent empowered to use force when searching detainees\n\nA superintendent is authorised to use such force as is reasonably necessary —\n\n(a) to perform a search; and\n\n(b) to take from a detainee in, entering or leaving a detention centre any illegal or unauthorised thing found during a search.\n\n[Regulation 84 inserted: Gazette 27 Jun 2005 p. 2874.]\n\n### Division 2 — Searching detainees\n\n[Heading inserted: Gazette 27 Jun 2005 p. 2874.]\n\n##### 85. When\n\n(1) A detainee should be searched —\n\n(a) on admission to the detention centre;\n\n(b) immediately before discharge from the detention centre;\n\n(c) on leaving or returning to a detention centre; and\n\n(d) when transferring from one detention centre to another.\n\n(2) A detainee may be searched at any time, and in such a manner, as is considered necessary at the time by the superintendent.\n\n[Regulation 85 inserted: Gazette 27 Jun 2005 p. 2874-5.]\n\n##### 86. How\n\n(1) A detainee may be searched using either a “pat” or “strip” search depending on the circumstances surrounding the requirement of the search.\n\n(2) A detainee should be “strip” searched if there are circumstances giving rise to a reasonable suspicion that the detainee may be in possession of an item that could —\n\n(a) jeopardise the safety, good order or security of the detention centre; or\n\n(b) be used for self harm.\n\n(3) At least 2 officers must be present during a search of a detainee.\n\n(4) A detainee must not be “strip” searched in the sight or immediate presence of a person of the opposite gender.\n\n(5) Where practicable, a detainee should not be “strip” searched in the immediate presence of another detainee.\n\n(6) Any search of a detainee must be conducted with due regard to the decency and self‑respect of the detainee.\n\n(7) Despite subregulation (4), a superintendent may direct that a search is to be carried out in the presence of a medical practitioner or a nurse.\n\n(8) Whenever a detainee is “strip” searched, each officer taking a role in that search must forward a written report of the search to the superintendent.\n\n[Regulation 86 inserted: Gazette 27 Jun 2005 p. 2875.]\n\n##### 87. If illegal or unauthorised things are found\n\n(1) If an illegal or an unauthorised thing is found on a detainee then the matter may be dealt with as a detention offence committed by the detainee under section 170 of the Act.\n\n(2) An illegal or unauthorised thing is to be dealt with in accordance with Division 6.\n\n(3) If an illegal thing is found on a detainee, the parent or the caregiver of the detainee is to be notified (where practicable) of the circumstances of that discovery by the superintendent.\n\n[Regulation 87 inserted: Gazette 27 Jun 2005 p. 2876.]\n\n### Division 3 — Searching officers or other employees\n\n[Heading inserted: Gazette 27 Jun 2005 p. 2876.]\n\n##### 88. When\n\nAn officer or other employee may be searched —\n\n(a) on entering or leaving a detention centre; and\n\n(b) at such a time as is considered necessary at the time by the superintendent.\n\n[Regulation 88 inserted: Gazette 27 Jun 2005 p. 2876.]\n\n##### 89. How\n\n(1) An officer or other employee may be searched using a “pat” search.\n\n(2) The search of an officer or other employee may include a search of any article or thing carried on them or under their control.\n\n[(3) deleted]\n\n(4) The search of an officer or other employee must be conducted —\n\n(a) by an officer who has been appointed by the superintendent and who is of the same gender as the person being searched;\n\n(b) in the presence of another staff member;\n\n(c) out of sight of other persons unless the person being searched requests the presence of another person; and\n\n(d) with due regard to the decency and self‑respect of the person being searched.\n\n(5) The officers involved in the search must submit a written report to the superintendent.\n\n[Regulation 89 inserted: Gazette 27 Jun 2005 p. 2876-7; amended: Gazette 21 Aug 2015 p. 3334.]\n\n##### 90. If illegal or unauthorised things are found\n\n(1) If a search under this Division leads to the discovery of an illegal or unauthorised thing, the officers conducting the search are to inform the superintendent immediately.\n\n(2) An illegal or unauthorised thing is to be dealt with in accordance with Division 6.\n\n[Regulation 90 inserted: Gazette 27 Jun 2005 p. 2877.]\n\n### Division 4 — Searching other persons\n\n[Heading inserted: Gazette 27 Jun 2005 p. 2877.]\n\n##### 91. When\n\n(1) A person who is not a detainee, or an officer or other employee, may be searched in the following circumstances —\n\n(a) on seeking to enter a detention centre;\n\n(b) on entering a detention centre;\n\n(c) while in a detention centre;\n\n(d) on seeking to leave a detention centre;\n\n(e) immediately before leaving a detention centre;\n\n(f) having just left a detention centre;\n\n(g) subject to subregulation (2), when outside but near a detention centre.\n\n(2) If the superintendent is of the opinion that a search of a person, article or vehicle outside but near a detention centre is necessary for the security or good order of the detention centre, the superintendent may search any or all of the following —\n\n(a) that person;\n\n(b) a person with that person, who is under the person’s care and control;\n\n(c) an article in the possession or control of that person or a person with them;\n\n(d) a vehicle in the possession or control of the person.\n\n[Regulation 91 inserted: Gazette 27 Jun 2005 p. 2877-8.]\n\n##### 92. How\n\n(1) A person described in regulation 91 may be searched using a “pat” search.\n\n(2) The search of a person described in regulation 91 is to include a request to voluntarily produce any thing that may jeopardise the safety, good order or security of the detention centre if taken inside, or which may be used by a detainee for self harm.\n\n(3) A person described in regulation 91 who —\n\n(a) does not submit to a search ordered under this Division; or\n\n(b) is in possession or control of anything requested for surrender under subregulation (2) of this regulation and does not produce it,\n\nmay be refused entry to the detention centre on that occasion and on subsequent occasions and may be removed from the detention centre forthwith.\n\n(4) Subject to subregulation (5), the search of a person described in regulation 91 must be —\n\n(a) conducted by an officer, who has been appointed by the superintendent, of the same gender as the person being searched and in the presence of another staff member;\n\n(b) conducted out of sight of other persons unless the person being searched requests the presence of another person; and\n\n(c) conducted expeditiously with due regard to the decency and self‑respect of the person being searched.\n\n(5) If the person to be searched is a child that has not (or apparently has not) attained 10 years of age, the search is to be carried out —\n\n(a) expeditiously;\n\n(b) by a female employee accompanied by at least one other female employee;\n\n(c) in the presence of the person accompanying the child unless that person refuses to remain; and\n\n(d) in the absence of any male employees.\n\n(6) All officers and employees conducting a search must submit a written report to the superintendent.\n\n[Regulation 92 inserted: Gazette 27 Jun 2005 p. 2878-9.]\n\n##### 93. If illegal or unauthorised things are found\n\n(1) If a search under this Division leads to the discovery of an illegal or unauthorised thing, the officers conducting the search are to inform the superintendent immediately and —\n\n(a) if the thing is an illegal thing or an unauthorised thing and the search is conducted immediately prior to entering — ensure that the circumstances under which it was found are noted and prevent that person from entering the detention centre while the thing is in his or her possession;\n\n(b) if the thing is an illegal thing or an unauthorised thing and the search is conducted whilst inside or before leaving the detention centre — ensure that the circumstances under which it was found are noted and ensure that the person is removed from the detention centre before returning the thing to the person;\n\n(c) if the thing is an unauthorised thing and the search is conducted on a person who has just left a detention centre or is outside but near a detention centre — ensure that the circumstances under which it was found are noted before returning the thing to the person.\n\n(2) If an illegal thing is surrendered, it is to be dealt with in accordance with Division 6.\n\n(3) If a search reveals an illegal thing, the police may be informed of that discovery by the superintendent, and the person in apparent possession or control of that thing is to be requested, by the officer performing the search, to wait for the arrival of the police.\n\n(4) A person who is searched under this Division and who is in possession or control of an illegal or unauthorised thing —\n\n(a) may be refused entry to the detention centre on that occasion and on subsequent occasions; and\n\n(b) may be removed from the detention centre forthwith.\n\n[Regulation 93 inserted: Gazette 27 Jun 2005 p. 2879-80.]\n\n### Division 5 — Use of dogs\n\n[Heading inserted: Gazette 27 Jun 2005 p. 2881.]\n\n##### 94. Dogs can be used to search for drugs\n\n(1) A superintendent may authorise the use of a trained dog to assist in carrying out a search if the purpose of a search is to detect whether illegal or unauthorised substances are or have been present.\n\n(2) The trained dog used must be a “prison dog” within the meaning of the *Prisons Act 1981* section 49A.\n\n(3) The superintendent may require a trained dog to be used to search a detainee while in detention, and a person, an officer or other employee, or property —\n\n(a) on seeking to enter a detention centre;\n\n(b) on entering a detention centre;\n\n(c) while in a detention centre;\n\n(d) on seeking to leave a detention centre;\n\n(e) immediately before leaving a detention centre;\n\n(f) having just left a detention centre; or\n\n(g) when outside but near a detention centre, if the superintendent is of the opinion that it is necessary for the security or good order of the detention centre.\n\n[Regulation 94 inserted: Gazette 27 Jun 2005 p. 2881.]\n\n##### 95. Dogs to be under the control of a dog handler\n\nIf the use of a trained dog to assist a search is authorised or required under regulation 94, the trained dog must be accompanied by, and under the control of, a “dog handler” within the meaning of the *Prisons Regulations* *1982* regulation 81A.\n\n[Regulation 95 inserted: Gazette 27 Jun 2005 p. 2881.]\n\n##### 96. Dogs to be used in authorised manner\n\nFor a trained dog to be used appropriately by a dog handler in a search —\n\n(a) the dog handler must be the dog handler who has been allocated responsibility for the dog;\n\n(b) the dog must be under the control of the dog handler; and\n\n(c) the use of the dog must be in accordance with these regulations and any relevant rules.\n\n[Regulation 96 inserted: Gazette 27 Jun 2005 p. 2882.]\n\n##### 97. Dogs in searches\n\n(1) A person who —\n\n(a) assaults; or\n\n(b) hinders or obstructs,\n\na trained dog under the control of a dog handler carrying out a search under this Division is to be deemed to have assaulted, or to have hindered or obstructed, the dog handler.\n\n(2) A trained dog under the control of a dog handler may enter, and be in, any place that an officer may lawfully enter or be in while carrying out a search for illegal or unauthorised substances, and no liability arises by reason only that the dog entered or was in that place, notwithstanding any other law.\n\n(3) Without limiting the generality of section 182 of the Act, an officer or a dog handler is not personally liable for injury or damage caused by the use of a trained dog under the control of a dog handler in carrying out a search for illegal or unauthorised substances, if that use was in accordance with this Part.\n\n(4) Subregulation (3) does not apply if injury or damage occurs as a result of anything commanded or permitted by the dog handler without reasonable and probable cause.\n\n[Regulation 97 inserted: Gazette 27 Jun 2005 p. 2882-3.]\n\n### Division 6 — Securing illegal or unauthorised things\n\n[Heading inserted: Gazette 27 Jun 2005 p. 2883.]\n\n##### 98. Securing illegal or unauthorised things\n\n(1) An illegal or unauthorised thing is to be placed in a heat‑sealed, clear polythene evidence bag with a label showing —\n\n(a) the name of the person who was in apparent possession or control of the thing;\n\n(b) the place of discovery and the signature of the officer that made the discovery; and\n\n(c) the time and date of discovery,\n\nand the superintendent is to take and have custody of the thing.\n\n(2) When an illegal thing has been found and the police are called, the superintendent is to retain custody of that thing and ensure that police take custody of the illegal thing.\n\n(3) When an unauthorised thing has been found on a detainee, the superintendent is to retain custody of that unauthorised thing until the determination of any detention offence against the detainee related to that thing.\n\n(4) Subject to subregulation (3), where the superintendent has custody of an unauthorised thing the superintendent may —\n\n(a) return it to the detainee on his or her release;\n\n(b) return it to the person believed by the superintendent to be the rightful owner;\n\n(c) order that the thing be destroyed or otherwise dealt with.\n\n(5) If an illegal thing that is a substance is found, the existence and movement of the substance is to be recorded by means of entries made in an “Unlawful Drugs Register” maintained at the detention centre.\n\n(6) If an illegal or unauthorised thing requires analysis to confirm its composition, the superintendent may authorise the delivery of a sample taken under this Part to an approved analysis agent to be analysed in the manner set out in Part 11.\n\n[Regulation 98 inserted: Gazette 27 Jun 2005 p. 2883-4.]\n\n## Part 11 — Body samples\n\n[Heading inserted: Gazette 27 Jun 2005 p. 2884.]\n\n### Division 1 — Taking body samples\n\n[Heading inserted: Gazette 27 Jun 2005 p. 2884.]\n\n##### 99. Officer who suspects unauthorised or illegal substance use to inform superintendent\n\nAn officer who has reasonable grounds for suspecting that a detainee has used or ingested an unauthorised or illegal substance must inform the superintendent.\n\n[Regulation 99 inserted: Gazette 27 Jun 2005 p. 2884.]\n\n##### 100. Circumstances that may prompt requirement for body samples\n\n(1) The superintendent may require a body sample from a detainee in the following circumstances —\n\n(a) if the superintendent has been informed of an officer’s suspicion under regulation 99;\n\n(b) if the superintendent has reasonable grounds for suspecting that the detainee has used or ingested an unauthorised or illegal substance;\n\n(c) if a random process of sampling has been instituted in the detention centre and the detainee is selected at random.\n\n(2) The superintendent is to direct, either generally or in respect of the particular case, whether a body sample is to be taken in the form of blood, breath or urine.\n\n[Regulation 100 inserted: Gazette 27 Jun 2005 p. 2884-5.]\n\n##### 101. Taking of body samples\n\n(1) If the body sample to be taken is breath, the breath sample is to be tested by means of an apparatus of a kind approved by the Director of Juvenile Custodial Services, and that apparatus is to be operated by a person approved by the superintendent.\n\n(2) If the body sample to be taken is blood or urine, the blood or urine taken is to be labelled with —\n\n(a) the name of the person from whom the sample was taken;\n\n(b) the type of the sample;\n\n(c) the name of the person who took the sample; and\n\n(d) the date and time that the sample was taken.\n\n(3) A body sample that is to be taken in the form of blood is to be taken by a medical practitioner or a registered nurse.\n\n(4) A body sample that is to be taken in the form of urine is to be taken by —\n\n(a) a medical practitioner; or\n\n(b) a registered nurse; or\n\n(c) a juvenile custodial officer authorised by the chief executive officer to take urine samples.\n\n[Regulation 101 inserted: Gazette 27 Jun 2005 p. 2885; amended: Gazette 19 Jun 2009 p. 2235.]\n\n### Division 2 — Analysis\n\n[Heading inserted: Gazette 27 Jun 2005 p. 2885.]\n\n##### 102. Approval of analysis agent\n\n(1) Subject to subregulation (4), the chief executive officer is to approve at least one organisation, in respect of each type of body sample authorised to be taken under this Part, as the organisation whose employees are to carry out analysis of samples of that type.\n\n(2) Subject to subregulation (4), the chief executive officer is to approve at least one organisation, in respect of illegal or unauthorised things seized under Part 10, as an organisation whose employees are authorised to carry out analysis of things seized under that Part.\n\n(3) The chief executive officer may, at any time, cancel the approval of an organisation and approve another organisation under subregulation (1) or (2).\n\n(4) If the chief executive officer does not approve a particular organisation under subregulation (1) or (2), the Chemistry Centre (WA) is the relevant approved analysis agent.\n\n(5) For the purposes of these regulations, the chief executive officer may approve a person who is employed by an approved analysis agent as an analyst.\n\n[Regulation 102 inserted: Gazette 27 Jun 2005 p. 2885-6; amended: Gazette 10 Jan 2017 p. 189.]\n\n##### 103. Analyst to give certificate\n\n(1) If a sample has been delivered under this Part to an organisation which is, at the time of delivery, the relevant approved analysis agent —\n\n(a) that organisation must ensure that the analysis of the sample is completed;\n\n(b) an analyst employed by that organisation who carries out the analysis must complete a certificate in a form approved by the chief executive officer; and\n\n(c) the analyst must forward that certificate to the superintendent of the detention centre in which the detainee is kept.\n\n(2) Subregulation (1) applies even if, after delivery of the sample, the approval of the organisation as the relevant approved analysis agent is cancelled.\n\n(3) The superintendent must give a copy of the certificate referred to in subregulation (1) to the detainee from whom the sample was taken or obtained.\n\n[Regulation 103 inserted: Gazette 27 Jun 2005 p. 2886-7.]\n\n##### 104. Admissibility of analyst’s certificate\n\nThe analyst’s certificate is admissible as evidence against a detainee charged with a detention offence and is prima facie evidence of the matters certified in the certificate.\n\n[Regulation 104 inserted: Gazette 27 Jun 2005 p. 2887.]\n\n## Part 12 — Savings and transitional provisions\n\n[Heading inserted: Gazette 21 Aug 2015 p. 3335.]\n\n##### 105. Discipline before commencement day\n\n(1) In this regulation —\n\ncommencement day means the day on which the *Young Offenders Amendment Regulations 2015* regulation 10 comes into operation;\n\nformer disciplinary provisions means Part 8 Division 3 as in force immediately before the commencement day;\n\nmisconduct, by a custodial officer, means conduct by the custodial officer that is or is reasonably suspected to be —\n\n(a) substandard performance or a breach of discipline, as those terms are defined in the *Public Sector Management Act 1994*; or\n\n(b) conduct that may result in the chief executive officer taking removal action, as defined in section 11CA of the Act, in relation to the custodial officer;\n\npenalty includes any action against a custodial officer taken under the *Public Sector Management Act 1994* Part 5.\n\n(2) Proceedings for a breach of discipline instituted under the former disciplinary provisions that are pending immediately before the commencement day are to be dealt with and determined under those provisions as if the *Young Offenders Amendment Regulations 2015* had not come into operation.\n\n(3) Part 8 applies to misconduct committed, or suspected of having been committed, by a custodial officer before the commencement day but in relation to which proceedings for a breach of discipline have not been instituted under the former disciplinary provisions.\n\n(4) However, if misconduct occurring before the commencement day would have constituted a breach of discipline under the former disciplinary provisions, a penalty cannot be imposed under Part 8 Division 3 in relation to the misconduct unless that penalty would also have been able to be imposed for the breach of discipline under the former disciplinary provisions.\n\n[Regulation 105 inserted: Gazette 21 Aug 2015 p. 3335.]\n\nSchedule 1\n\n[Regulation 3]\n\n**WRITTEN STATEMENT TO BE GIVEN BY THE COURT TO A YOUNG PERSON NOT REPRESENTED BY A LEGAL PRACTITIONER  \nWHAT TO DO IF YOU DON’T HAVE A LAWYER**\n\n1. It is your right to have a lawyer represent you in court.\n\n2. There may be a free lawyer in the courthouse, known as the “duty lawyer” or “duty counsel”. You may seek their assistance if you wish.\n\n3. If there is no lawyer for you at the court, you may ask to have your case put off (“adjourned”) to another day so that you can get legal advice.\n\n4. The Legal Aid Commission and the Aboriginal Legal Service provide free legal services to young people. There may also be other free legal services in your area. To get their address and telephone number, ask the court staff for help.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Young Offenders Regulations 1995* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Young Offenders Regulations 1995* | 3 Mar 1995 p. 853‑76 | 13 Mar 1995 (see *Gazette* 10 Mar 1995 p. 895) |\n| *Young Offenders Amendment Regulations 1995* | 9 Jan 1996 p. 53‑4 | 9 Jan 1996 |\n| *Young Offenders Amendment Regulations 2000* | 25 Jul 2000 p. 3909‑10 | 25 Jul 2000 |\n| **Reprint 1: The *Young Offenders Regulations 1995* as at 21 Nov 2003** (includes amendments listed above) | | |\n| *Young Offenders Amendment Regulations 2005* | 27 Jun 2005 p. 2849-87 | 1 Jul 2005 (see r. 2) |\n| *Young Offenders Amendment Regulations 2007* | 3 Apr 2007 p. 1509-10 | 4 Apr 2007 (see r. 2 and *Gazette* 3 Apr 2007 p. 1491) |\n| **Reprint 2: The *Young Offenders Regulations 1995* as at 20 Jul 2007** (includes amendments listed above) | | |\n| *Young Offenders Amendment Regulations 2009* | 19 Jun 2009 p. 2232-5 | r. 1 and 2: 19 Jun 2009 (see r. 2(a));<br>Regulations other than r. 1 and 2: 1 Jul 2009 (see r. 2(b)) |\n| *Young Offenders Amendment Regulations 2015* | 21 Aug 2015 p. 3325‑35 | r. 1 and 2: 21 Aug 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 24 Aug 2015 (see r. 2(b) and *Gazette* 21 Aug 2015 p. 3310) |\n| *Corrective Services Regulations Amendment (Public Health) Regulations 2016* Pt. 3 | 10 Jan 2017 p. 185-9 | 24 Jan 2017 (see r. 2(b) and *Gazette* 10 Jan 2017 p. 165) |\n| *Young Offenders Amendment Regulations 2024* | SL 2024/268 11 Dec 2024 | r. 1 and 2: 11 Dec 2024 (see r. 2(a));<br>Regulations other than r. 1 and 2: 12 Dec 2024 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nanalyst 2\n\napproved 9(4)\n\nauthorised 46A(1)\n\ncapsicum spray weapon 47\n\ncommencement day 105(1)\n\ndetainee 43(4)\n\ndrug 11\n\nformer disciplinary provisions 105(1)\n\nillegal 81(1)\n\nillegal thing 81(1)\n\ninspection list 54\n\njuvenile custodial officer 2\n\nmedical practitioner 2\n\nmedical staff 72A(1)\n\nmiscellaneous employee 47\n\nmisconduct 105(1)\n\nnotice 54\n\npenalty 105(1)\n\nprivilege 46A(1), 54\n\nrelevant material 54\n\nremoval action 54\n\nremove 48A\n\nreview officer 54\n\nspecial detention centre 2\n\nsubmission period 54\n\nsubstance 81(1)\n\nsuitability to continue as a custodial officer 54\n\nsummary of investigation 54\n\nsuperintendent or visiting justice 36\n\nsupervising officer 2\n\nsupervision order 28\n\nthe overseer 2\n\nunauthorised 81(1)\n\nunauthorised thing 81(1)\n\nunlock hours 73\n\nwork 11, 33(5)\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulations as compiled include numerous amendments and additions since the original 1995 instrument. The compilation table and amendment notes show insertions and deletions across 1996, 2000, 2005, 2007, 2009, 2015, 2017 and 2024. Notable scope changes reflected in the current text include: the creation of detailed employment and removal procedures for custodial officers (Divisions 3 and 4A, regs 54–66) added in 2015; expanded rules on searches, dogs and evidence handling (Parts 10 and 11, regs 81–98) introduced or consolidated in 2005; an express restriction on publishing exchange information with approval conditions and a penalty (reg 40B inserted 2007); formalised procedures after use of force including medical examination and reporting (reg 72A inserted 2024); and amendments to prescribed force and circumstances for use of force (regs 71–72, amended 2024). The combined effect of these amendments is an increase in procedural detail, administrative safeguards, and operational discretions allocated to the chief executive officer and superintendents (see compilation table and the cited regulations)."},"complexity_factors":["Large scope covering multiple operational domains (searches, sampling, confinement, staff employment, gratuities, hearings) requiring cross-functional administration","Frequent cross-references to different sections of the Act and between divisions of the regulations (e.g. application of Divisions 3–5 to supervision orders) [Regs 29, 32]","High degree of discretionary power vested in the chief executive officer and superintendents on approvals, classifications, confinement, searches and staff removal [Regs 9(3), 42(2), 74, 56–63]","Technical and procedural detail (labelling samples, evidence bag requirements, medical examination roles, timelines for reviews) that create administrative compliance steps [Regs 9(1)(b), 98(1), 72A(3)–(6), 61]","Separate, detailed procedural track for custodial officer removal (review officer, inspection lists, submission periods, timelines) increasing procedural complexity [Regs 54–66]","Multiple discrete limitation rules (reporting frequency limits, maximum work hours, break counting rules) that must be applied case-by-case [Regs 13, 15–16, 26, 30]","Interplay between discretionary operational rules and specified minimum safeguards (e.g. minimum monitoring after confinement, medical checks after force) [Regs 76(3), 77(1), 72A(3)]","Amendments and deletions over time reflected in the instrument require attention to historical vs current provisions (compilation table shows multiple changes) (Compilation table)"],"plain_english_summary":"### What these regulations do, in plain language\n\nThese regulations set out detailed rules that support the Young Offenders Act 1994 for Western Australia. They explain how courts, the Department (the chief executive officer and superintendents), custodial staff, and young people (detainees and offenders) must act in many routine and exceptional situations. The document covers: body-sample testing, community-work and attendance conditions for non-custodial orders, special detention centres, procedures for hearing detention offences, detainee gratuities and privileges, employment and removal of custodial staff, the use of force, confinement of detainees, search and seizure powers (including use of dogs), taking and analysing body samples, and some transitional provisions. (See the parts and key regulations cited below.)\n\n### Who is affected\n\n- Young people subject to youth community based orders, intensive youth supervision orders, conditional release orders, or detained in detention centres or special detention centres. [Regs 9, 26, 28, 32, 34, 75–80]\n- Detainees and visitors subject to search, seizure and drug-testing rules. [Parts 10 and 11: regs 81–104]\n- Custodial officers, juvenile custodial officers and miscellaneous employees employed in detention centres, and the Department’s management (chief executive officer and superintendents). [Part 8: regs 47–66]\n- External service providers approved by the Department for laboratory analysis (approved analysis agents) and dog handlers used in searches. [Regs 95, 102]\n- Parents/responsible adults are part of certain notification rules. [Regs 24, 38, 87]\n\n### How the rules work mechanically (select highlights)\n\n- Body samples: The Department decides whether an offender must give breath, blood or urine samples when required by an order; breath testing must use apparatus approved by the Department or Director; blood must be taken by medical practitioners; samples must be labelled and analysed by an approved agent; the analyst’s certificate is admissible as prima facie evidence in detention-offence proceedings. [Regs 9(1)–(4), 101(1)–(4), 102–104]\n\n- Attendance and community-work conditions: The court must be given a proposed agenda for attendance measures [Reg 10]. For community work, maximum ordinary working hours are capped at 6 hours per day unless both supervising officer and offender consent [Reg 13]; authorised breaks count as work in computing hours [Regs 15–16]; supervisors must take practicable steps to ensure safe working conditions [Reg 14]; offenders may be excused or their work time adjusted for illness or if supervisors fail to attend [Regs 17, 22–25]. [Div. 3–4: regs 10, 11–25]\n\n- Supervision reporting limits: Ordinary supervision conditions may require reporting no more than once per week [Reg 26]; intensive youth supervision orders (without detention) may require reporting up to 3 times per week [Reg 30]; courts must consider remoteness when imposing reporting on people who live in remote areas [Reg 27].\n\n- Special detention centres: Defined as centres where detainees undertake structured work and developmental programs to reach predetermined goals. [Reg 34]\n\n- Hearing detention offences: Charges must be in writing and given to the detainee before hearing; detainees may be assisted by a suitable non-lawyer representative; the superintendent or visiting justice runs hearings and keeps records. [Regs 36–40]\n\n- Gratuities and privileges: Detainees may receive weekly gratuities at fixed rates (different rates for special centres and others) with CPI variation for non‑special centres; superintendents can withhold, reduce or deduct gratuities for refusal to work, poor performance, or damage to State property, and can set payment timing [Regs 41–46]. Privileges (canteen access, recreation, personal items, visits, etc.) are discretionary and may be withdrawn by authorised officers, with a right to request review by the superintendent. [Regs 46A–46B]\n\n- Employment and staff-removal procedures: The regulations prescribe classes of employees, duties, and grounds and procedures for removal for health or other reasons (including notice requirements). A more detailed removal process for \"loss of confidence\" matters (appointment of a review officer, summaries, inspection lists and timelines for responses) was added to set steps the chief executive officer and staff must follow. Pay cannot be suspended while suitability is under consideration. [Regs 47–66]\n\n- Use of force and post-incident steps: Force must be the minimum required in the circumstances; certain holds and capsicum spray require training and written authorisation; after force is used the detainee must be examined by medical staff, the examiner must report, photographs of injuries must be taken, and custodial officers who used force must provide written incident reports. [Regs 71–72A]\n\n- Confinement: Superintendents may confine detainees to sleeping quarters or a designated room for detention offences or to maintain order. Records, monitoring and minimum fresh-air/exercise entitlements apply depending on duration. [Regs 74–80]\n\n- Search and seizure: Superintendents may search detainees, staff and other persons, and use trained dogs; searches are limited to \"pat\" or \"strip\" types and must be conducted with regard to decency and with specified gender and staffing safeguards; illegal/unauthorised items are to be placed in sealed evidence bags and dealt with or handed to police as appropriate. [Regs 81–98]\n\n- Restrictions on publication of exchange information: Information disclosed under a particular Act provision (s.16(5) of the Act) must not be published without written approval of the chief executive officer; approval is conditional on methodological soundness, factual correctness, and risk assessment; there is a specified fine for publishing without approval. [Reg 40B]\n\n### Who decides and who pays\n\n- Decision-makers: the chief executive officer and superintendents hold most operational discretion: they approve analysis agents [Reg 102], direct when samples are taken [Regs 9(3), 100(2)], set supervision arrangements and supervise work safety [Regs 14, 25], and decide on staff removal steps [Regs 56–63]. Courts set conditions for orders but the Department executes many operational decisions. [Regs 10, 9(3), 56–63]\n\n- Who pays / bears costs: The regulations do not specify billing for analysis or operational costs. Operational activities (labelling, packaging, custody and custody transfer to police, supervision, staff training, use of dogs) are managed by the Department and carried out by public officers or authorised providers; the State retains custody of secured items and manages deductions from detainee gratuities to repair State property. [Regs 98, 45]\n\n### Incentives, compliance burden and discretion\n\n- Incentives for detainees: small weekly gratuities and the possibility of privileges create direct monetary and non-monetary incentives to comply with program requirements; superintendents may reduce or withhold these for refusal or poor performance, and may deduct amounts for damage. [Regs 41–46]\n\n- Compliance burdens on detainees: detainees may be required to submit to searches, body sampling and reporting requirements, to undertake work or programs under specified time limits and safety rules, and to accept confinement or other custodial measures. Non-compliance can trigger detention-offence proceedings. [Regs 9, 13, 14, 17, 22–25, 85–87, 75–77]\n\n- Compliance burdens on staff and Department: staff must follow procedural safeguards (records of confinement, reporting after use of force, lawful handling of evidence, providing documents in staff-removal processes), supervise work safely, and administer sampling and analysis arrangements. The Department has duties to approve analysts, maintain evidence registers, and follow timelines in removal and review procedures. [Regs 76, 77, 72A, 98, 102, 56–63]\n\n- Points of discretionary authority and implementation risk: substantial discretion rests with the chief executive officer and superintendents (approval of analysis agents, when samples are taken, classification and payment of gratuities, withholding privileges, ordering confinement, invoking searches, appointing review officers). These are concrete levers that affect outcomes and require record-keeping and internal procedures to manage consistency and legal risk. [Regs 9(3), 42(1), 44, 46A, 74, 82, 56–58]\n\n### Effects on outside markets and speech\n\n- Analysis/forensic market: The chief executive officer approves the organisations that analyse samples; if no approval is made the Chemistry Centre (WA) is the fallback approved agent — this creates a defined procurement channel for laboratory services. [Reg 102(1)–(4)]\n\n- Use of dogs and dog handlers: regulation ties dog use to handlers defined in the Prisons Regulations, creating an operational dependency on certified dog-handler capacity. [Reg 95]\n\n- Publication and research: researchers who receive exchange information must obtain chief executive approval to publish; approval requires methodological and factual checks and a security/confidentiality assessment. There is a monetary penalty for unauthorised publication. This imposes constraints on independent publication of that specific category of information. [Reg 40B]\n\n### Trade-offs, opportunity costs and likely administrative burdens\n\n- Trade-offs: the regulations balance operational flexibility and security (broad search, confinement, and evidence powers) against procedural protections (written charges, right to a suitable representative, medical reviews after force, specified notice and review steps for staff removal). The protections create administrative costs (records, inspections, medical examinations, review officer reports) while operational powers reduce friction for managers handling security risks. [Regs 37–40, 72A, 56–63]\n\n- Opportunity costs and administrative burden: creating review processes for staff removal, maintaining Unlawful Drugs Registers, sealing and storing evidence, approving and monitoring analysis agents, and implementing training and authorisations for force and capsicum spray require staff time and resources. The Department shoulders those recurring operational costs. [Regs 56–63, 98(5), 71]\n\n### Concrete risks to watch for (mechanisms, not judgements)\n\n- Concentration of operational discretion at the chief executive officer and superintendents means consistent internal controls and record-keeping are necessary to reduce inconsistent application across centres. [Regs 59–63, 14, 44]\n- The admissibility of analyst certificates as prima facie evidence reduces the evidential hurdle in detention-offence proceedings but increases dependence on approved laboratories and their processes. [Reg 104]\n- The publication restriction on exchange information places an administrative approval gate on researchers and publishers dealing with material disclosed under s.16(5) of the Act. [Reg 40B]\n\n### Key sections to consult quickly\n\n- Body samples and analysis: regs 9, 100–104\n- Community work rules: regs 11–25\n- Reporting limits and supervision: regs 26–31\n- Special detention centres: reg 34\n- Detention-offence hearings: regs 36–40\n- Gratuities and privileges: regs 41–46B\n- Staff employment and removal: regs 47–66\n- Use of force and post-incident procedure: regs 71–72A\n- Confinement: regs 74–80\n- Search, dogs and securing evidence: regs 81–98\n\nThis summary is grounded in the regulations’ text and cites the specific provisions that create duties, powers, and procedural steps."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulations have grown significantly beyond their original scope. Originally focused primarily on community-based orders and basic detention centre operations, they have expanded to include: detailed employment and discipline procedures for staff (Part 8, added 2005/2015), complex 'loss of confidence' removal processes (Division 4A, added 2015), extensive search and seizure powers including drug dogs (Part 10, added 2005), body sampling procedures (Part 11, added 2005), and detailed confinement procedures (Part 9, added 2005). The 2005 amendments in particular represented a major expansion of scope, adding substantial operational detail that goes well beyond the original 1995 framework."},"complexity_factors":["Multiple overlapping divisions and sub-divisions (12 Parts, numerous Divisions)","Extensive cross-referencing between regulations and the parent Young Offenders Act 1994","Numerous defined terms (30+ defined terms listed in the schedule)","Complex procedural requirements for staff discipline and removal, including multiple stages of review and specific timeframes","Conditional logic with nested exceptions (e.g., regulation 33 has multiple sub-conditions for excusing work due to illness)","Multiple amendment histories showing evolution over time (1995, 1996, 2000, 2005, 2007, 2009, 2015, 2017, 2024)","Specific monetary amounts and CPI indexation clauses (regulation 43(2A))","Detailed procedural rules for searches with different requirements for detainees, staff, and visitors"],"plain_english_summary":"These regulations set out the detailed rules for how Western Australia's youth justice system operates day-to-day. They cover:\n\n**For young offenders in the community:**\n- How community work orders work (maximum 6 hours per day, required breaks, safety rules, what happens if someone is sick)\n- Rules for supervision orders (how often young people must report to their supervising officer)\n- How body samples (blood, breath, urine) are taken for drug testing\n- What happens if someone breaches their conditions\n\n**For young people in detention centres:**\n- How \"special detention centres\" operate (structured work programs with different pay rates)\n- How much pocket money (\"gratuities\") detainees can earn and when it can be withheld\n- What privileges detainees can have (TV, radio, canteen access) and how they can be taken away\n- Rules for searching detainees, staff, and visitors (including using sniffer dogs)\n- How force can be used against detainees and what happens afterwards\n- When detainees can be put in solitary confinement (\"confinement\") and for how long\n- How detention offences are heard and determined\n\n**For staff:**\n- Who can be employed as juvenile custodial officers and other staff\n- How staff can be disciplined or removed from their jobs\n- Special procedures for removing staff when there's a \"loss of confidence\" in them\n- Rules about using force, including capsicum spray\n\n**Key protections:**\n- Young people must be given a written statement about their right to a lawyer\n- Searches must respect dignity and be conducted by same-gender officers where possible\n- Medical examination required after any use of force\n- Strict rules about handling evidence and illegal items"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not accessible. The page returned a system error indicating the URL is no longer valid, providing no substantive content to evaluate against original legislative intent."},"complexity_factors":["No legislative text was provided — only an error/redirect page was available for analysis","Complexity cannot be meaningfully assessed without access to the actual content of the regulations","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"**No legislation could be analysed.**\n\nThe link provided does not contain the actual text of the *Young Offenders Regulations 1995* (Western Australia). Instead, the page returned an error message indicating the content is **no longer available** at that web address due to system upgrades.\n\nWhat we do know from the title alone:\n- These are **regulations** (detailed rules that sit beneath a parent Act — in this case, the *Young Offenders Act 1994* (WA))\n- They relate to **young people who have come into contact with the criminal justice system** in Western Australia\n- They were made in **1995** and may have been amended since\n\n**What to do if you need this information:**\n- Visit the [Western Australian Legislation website](https://www.legislation.wa.gov.au) directly and search for *Young Offenders Regulations 1995*\n- Contact the Parliamentary Counsel's Office Helpdesk as suggested on the error page"}},"importantCases":[],"_links":{"self":"/api/acts/young-offenders-regulations-1995","history":"/api/acts/young-offenders-regulations-1995/history","analysis":"/api/acts/young-offenders-regulations-1995/analysis","conflicts":"/api/acts/young-offenders-regulations-1995/conflicts","importantCases":"/api/acts/young-offenders-regulations-1995/important-cases","documents":"/api/acts/young-offenders-regulations-1995/documents"}}