{"id":"youth-justice-administration-act-2016","name":"Youth Justice Administration Act 2016","slug":"youth-justice-administration-act-2016","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110926,"registerId":"sa-youth-justice-administration-act-2016-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Youth Justice Administration Act 2016","content":"South Australia\nYouth Justice Administration Act 2016\nAn Act to provide for the establishment and management of training centres and community based supervision services; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tObjects and guiding principles\n4\tInterpretation\n5\tInteraction with companion legislation\nPart 2—Administration of youth justice\n6\tPower of Minister and Chief Executive to delegate\n7\tFunctions of Chief Executive\n8\tUse of volunteers in administration of Act\n9\tChief Executive's annual report\nPart 3—Official visitors\n10\tOfficial visitors\n11\tTraining Centre Visitor\n12\tIndependence\n13\tStaff and resources\n14\tTraining Centre Visitor's functions\n15\tUse and obtaining of information\n16\tVisits to and inspection of training centres\n17\tRequests to contact Training Centre Visitor\n18\tReporting obligations of Training Centre Visitor\n19\tOther reports\n20\tConfidentiality of information\nPart 4—Training centres\nDivision 1—Establishment of training centres, facilities and programs\n21\tTraining centres, facilities and programs\n21A\tPersons not to be employed in training centres etc unless assessed\nDivision 2—Charter of Rights for Youths Detained in Training Centres\n22\tCharter of Rights for Youths Detained in Training Centres\nDivision 3—Procedures on admission\n23\tInitial assessment on admission\nDivision 4—Custody of residents of training centres\n24\tMinister has custody of youths in detention\n25\tChief Executive responsible under Minister for management of training centres\nDivision 5—Management of residents of training centres\n26\tChief Executive may make rules relating to management of training centre\n27\tEducation\n28\tSafe rooms\n29\tProhibited treatment of residents\n30\tPower to search residents\n31\tDrug testing of residents\n32\tUse of sniffer dogs\n33\tUse of force against residents\n33A\tProhibition on use of spit hoods\nDivision 6—Leave of absence under authority of Chief Executive\n34\tLeave of absence under authority of Chief Executive\nDivision 7—Transfer of youths under detention from 1 jurisdiction to another\n35\tInterpretation\n36\tTransfer of young offenders to other States\n37\tTransfer of young offenders to this State\n38\tAdaptation of correctional orders to different correctional systems\n39\tCustody during escort\nDivision 8—Release from detention\n40\tRelease of youth from detention\n41\tManner in which former resident's personal property is to be dealt with\n42\tCertain prohibited items not to be returned to former residents\nPart 5—Community programs and community service\n43\tCommunity programs\n44\tRestrictions on performance of community service and other work orders\n45\tInsurance cover for youths performing community service or other work orders\n46\tCommunity service or other work orders may only involve certain kinds of work\nPart 6—Miscellaneous\n47\tHindering a person in execution of duty\n48\tImpersonating an employee of Department\n49\tConfidentiality\n50\tDisclosure of health information\n51\tInformation about youth may be given in certain circumstances\n52\tInformation about youth to be given when youth to be imprisoned\n53\tMinister may acquire land\n54\tEvidentiary provision\n55\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Youth Justice Administration Act 2016.\n3—Objects and guiding principles\n\t(1)\tThe objects of this Act are—\n\t(a)\tto provide mechanisms for the establishment and proper administration of training centres, community based supervision services and other facilities and services relating to youths who offend against the criminal law; and\n\t(b)\tto provide for the safe, humane and secure management of youths held in training centres in the State; and\n\t(c)\tto provide for appropriate programs for youths who are in detention or under supervision in the community; and\n\t(d)\tto follow, to the extent practicable, international and national requirements or guidelines relating to the detention of youths; and\n\t(e)\tto promote the rehabilitation of youths by providing them with the care, correction and guidance necessary for their development into responsible members of the community and the proper realisation of their potential; and\n\t(f)\tto have regard to the rights of victims of crime; and\n\t(g)\tto have regard to the particular needs and circumstances of youths who are under the guardianship of the Chief Executive, or of whom the Chief Executive has custody, under the Children and Young People (Safety) Act 2017 and who are residents of training centres or are required to be supervised in the community; and\n\t(h)\tto have regard to the particular needs and circumstances relevant to a youth's cultural identity and linguistic background; and\n\t(i)\tto promote, and endeavour to ensure compliance with, the Charter of Rights for Youths Detained in Training Centres; and\n\t(j)\tto recognise the importance of family and community involvement and participation in administering youth justice; and\n\t(k)\tto support the reintegration of youths with the community as part of their rehabilitation; and\n\t(l)\tto promote community safety.\n\t(2)\tThe Minister, the Chief Executive, the Department and other persons and bodies involved in the administration of this Act are to be guided by the following principles in the exercise of their functions:\n\t(a)\tin exercising powers under this Act, consideration should at all times be given to promoting the well being and best interests of youths;\n\t(b)\tyouths should be made aware of their obligations under the law and of the consequences of any breach of the law;\n\t(c)\tthe management of residents of training centres, and youths who are subject to supervision in the community, should be designed to achieve their rehabilitation and development into responsible members of the community and the proper realisation of their potential;\n\t(d)\tthe community, and individual members of it, must be adequately protected against violent or wrongful acts;\n\t(e)\tfacilities and programs developed for the care, rehabilitation, detention, training, therapeutic treatment or other treatment of youths should—\n\t(i)\tbe evidence based; and\n\t(ii)\tbe individually designed as much as reasonably practicable—\n\t(A)\tto take account of the youth's age, gender, gender identity, sexuality or sexual identity, cultural identity, developmental and cognitive capacity, ability or disability, and any special needs; and\n\t(B)\tto promote the health of the youth; and\n\t(C)\tto promote the educational and vocational training needs of the youth; and\n\t(D)\tto address offending behaviours; and\n\t(iii)\tbe governed by a comprehensive assessment and case plan developed in a multi‑disciplinary framework; and\n\t(iv)\tsupport a focus on connecting and reintegrating with family and community; and\n\t(v)\ttake into consideration the different traditions, cultural values and religious beliefs of ethnic or racial groups within the youth's community; and\n\t(vi)\temphasise individual responsibilities.\n\t(3)\tIn addition to the principles set out in subsection (2), a person or body exercising a function or power under this Act in relation to an Aboriginal or Torres Strait Islander youth must—\n\t(a)\tobserve the Aboriginal and Torres Strait Islander Youth Justice Principle; and\n\t(b)\thave regard to the particular needs and circumstances of Aboriginal or Torres Strait Islander youths who are residents of training centres or are under supervision in the community; and\n\t(c)\trecognise the diversity of cultures within Aboriginal and Torres Strait Islander communities.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nAboriginal and Torres Strait Islander Youth Justice Principle means the Aboriginal and Torres Strait Islander Youth Justice Principle as stated in the regulations;\nAboriginal or Torres Strait Islander youth means a youth who—\n\t(a)\tis of Aboriginal or Torres Strait Islander descent; and\n\t(b)\tidentifies himself or herself as being of Aboriginal or Torres Strait Islander origin and is accepted as such by the community with which he or she associates;\nalcotest means a test by means of an apparatus of a kind approved for the conduct of alcotests under the Road Traffic Act 1961;\nanalyst has the same meaning as in the Controlled Substances Act 1984;\nbiological sample means a sample of urine, saliva or sweat;\nCharter of Rights for Youths Detained in Training Centres—see Part 4 Division 2;\nChief Executive means the Chief Executive of the Department;\nChild and Young Person's Visitor means the Child and Young Person's Visitor under the Children and Young People (Safety) Act 2017;\nchild of compulsory education age means a person who is 16 years of age;\nchild of compulsory school age means a child of or above the age of 6 years but under the age of 16 years;\ncommunity youth justice officer means—\n\t(a)\tan officer or employee of the Department assigned to the position of a community youth justice officer whose duties include the supervision of youths who are required to carry out community service or be subject to supervision in the community; or\n\t(b)\ta person authorised (individually or by class) by the Chief Executive to exercise the powers of a community youth justice officer;\nDepartment means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;\ndetention means detention in a training centre;\ndrug means—\n\t(a)\talcohol; or\n\t(b)\ta substance that is a prescription drug or a controlled drug under the Controlled Substances Act 1984;\ndrug test means an alcotest or urinalysis, or a prescribed procedure;\nemployee, in relation to a training centre, means an officer or employee of the Department whose duties include the supervision of youths detained in a training centre;\nexercise, for a function, includes perform;\nguardian, in relation to a youth, means—\n\t(a)\ta parent of the youth; or\n\t(b)\ta person (other than a Minister of the Crown) who is the guardian of the youth or has the immediate custody and control of the youth,\nand includes a person who has the custody and control of a youth who is under the guardianship, or in the custody, of the Chief Executive under the Children and Young People (Safety) Act 2017;\nGuardian for Children and Young People means the Guardian for Children and Young People appointed under the Children and Young People (Oversight and Advocacy Bodies) Act 2016;\nprescribed procedure means a procedure, prescribed by regulation, consisting of the taking of a biological sample from a person for analysis for the purpose of ascertaining the presence of a drug in the body of the person from whom the sample was taken;\nresident of a training centre means a youth detained in the centre;\nsafe room means a room (other than a resident's bedroom) in a training centre that is set aside for the safe detention of residents of the centre;\nTraining Centre Review Board means the Training Centre Review Board established under the Young Offenders Act;\nVisitor means the Training Centre Visitor appointed under Part 3;\nYoung Offenders Act means the Young Offenders Act 1993;\nyouth means a person of or above the age of 10 years but under the age of 18 years and, in relation to proceedings for an offence or detention in a training centre, includes a person who was under the age of 18 years on the date of the alleged offence.\n\t(2)\tA reference in this Act or in the Young Offenders Act to an officer of the Department includes a reference to—\n\t(a)\ta person who, immediately before the commencement of this paragraph, holds an appointment as an officer of the Department under the Young Offenders Act; or\n\t(b)\ta person who, immediately before the commencement of this paragraph, is designated as an officer of the Department under section 4A of the Young Offenders Act.\n5—Interaction with companion legislation\n\t(1)\tThis Act and the Young Offenders Act are to be read together and construed as if the 2 Acts constituted a single Act.\n\t(2)\tAccordingly, terms used in this Act and also in the Young Offenders Act have the same meanings in this Act as they have in that Act (unless the contrary intention appears).\nPart 2—Administration of youth justice\n6—Power of Minister and Chief Executive to delegate\n\t(1)\tThe Minister may, from time to time, by instrument in writing, delegate to the Chief Executive any powers, duties or functions under this Act or any other Act.\n\t(2)\tThe Chief Executive may delegate any of the powers, duties, responsibilities or functions vested in, or delegated to, the Chief Executive under this Act or any other Act—\n\t(a)\tto a specified employee of the Department; or\n\t(b)\tto an employee of the Department of a specified class; or\n\t(c)\twith the approval of the Minister—to any other suitable person.\n\t(3)\tA delegation under this section is revocable at will, and does not prevent the exercise of any power, function, duty or responsibility by the Minister or the Chief Executive.\n\t(4)\tAny power, function, duty or responsibility vested in, imposed on or delegated to the Chief Executive under this Act may, if the Chief Executive is absent from or otherwise unable to perform the duties of office, be exercised by such other officer or employee of the Department as the Minister may, by instrument in writing, authorise.\n7—Functions of Chief Executive\nThe functions of the Chief Executive include—\n\t(a)\tresponsibility for ensuring that proper standards of administration are observed in the management of training centres; and\n\t(b)\testablishing community youth justice programs for the purposes of youths who are subject to supervision in the community; and\n\t(c)\tany other function conferred on the Chief Executive under this Act or any other Act.\n8—Use of volunteers in administration of Act\nThe Minister must promote the use of volunteers in the administration of this Act to such extent as the Minister thinks appropriate.\n9—Chief Executive's annual report\n\t(1)\tThe Chief Executive must, not later than 30 September in each year, submit to the Minister a report on—\n\t(a)\tthe operation of this Act and the work of the Department in relation to the administration of this Act for the financial year ending on the preceding 30 June; and\n\t(b)\tany other matter as the Minister may direct.\n\t(2)\tThe Minister must, within 12 sitting days after receipt of a report under this section, cause a copy of the report to be laid before each House of Parliament.\nPart 3—Official visitors\n10—Official visitors\nMembers of Parliament, judges, the Guardian for Children and Young People, the Training Centre Visitor, the Child and Young Person's Visitor and any other person authorised in writing by the Minister are entitled to visit a training centre.\n11—Training Centre Visitor\n\t(1)\tThere is to be a Training Centre Visitor.\n\t(2)\tThe Governor may appoint a person (who may be the Guardian for Children and Young People) to be the Visitor.\n\t(3)\tIf the person appointed to be the Visitor is not the Guardian for Children and Young People, the person will be appointed on conditions determined by the Governor and for a term, not exceeding 5 years, specified in the instrument of appointment and, at the expiration of a term of appointment, will be eligible for reappointment.\n\t(4)\tSubject to this section, the Guardian for Children and Young People will, if he or she is appointed to be the Visitor, hold office as such for so long as he or she holds office as the Guardian.\n\t(5)\tThe Governor may remove a person from office as the Visitor on the presentation of an address from both Houses of Parliament seeking the person's removal.\n\t(6)\tThe Governor may suspend a person from the position of Visitor on the ground of incompetence or misbehaviour and, in that event—\n\t(a)\ta full statement of the reason for the suspension must be laid before both Houses of Parliament within 3 sitting days of the suspension; and\n\t(b)\tif, at the expiration of 1 month from the date on which the statement was laid before Parliament, an address from both Houses of Parliament seeking the person's removal has not been presented to the Governor, the person must be restored to the position.\n\t(7)\tThe position of Training Centre Visitor becomes vacant if the person appointed to the position—\n\t(a)\tdies; or\n\t(b)\tresigns by written notice given to the Minister; or\n\t(c)\tcompletes a term of appointment and is not reappointed; or\n\t(d)\tis removed from the position by the Governor under subsection (5); or\n\t(e)\tbecomes bankrupt or applies as a debtor to take the benefit of the laws relating to bankruptcy; or\n\t(f)\tis convicted of an indictable offence or sentenced to imprisonment for an offence; or\n\t(g)\tbecomes a member of the Parliament of this State or any other State of the Commonwealth or of the Commonwealth or becomes a member of a Legislative Assembly of a Territory of the Commonwealth; or\n\t(h)\tbecomes, in the opinion of the Governor, mentally or physically incapable of exercising satisfactorily the functions of the position.\n\t(8)\tThe Minister may appoint a person to act in the position of Training Centre Visitor—\n\t(a)\tduring a vacancy in the position; or\n\t(b)\twhen the Visitor is absent or unable to exercise the functions of the position; or\n\t(c)\tif the Visitor is suspended from the position under subsection (6).\n12—Independence\n\t(1)\tIn exercising his or her functions and powers under this Act, the Training Centre Visitor must act independently, impartially and in the public interest.\n\t(2)\tThe Minister cannot control how the Visitor is to exercise the Visitor's statutory functions and powers and cannot give any direction with respect to the content of any report prepared by the Visitor.\nNote—\nThis provision does not derogate from any express power of the Minister under this Act.\n13—Staff and resources\nThe Minister must provide the Training Centre Visitor with the staff and other resources that the Visitor reasonably needs for exercising the Visitor's functions.\n14—Training Centre Visitor's functions\n\t(1)\tThe functions of the Training Centre Visitor include the following:\n\t(a)\tto conduct visits to training centres as required or authorised under this Part;\n\t(b)\tto conduct inspections of training centres as required or authorised under this Part;\n\t(c)\tto promote the best interests of the residents of a training centre;\n\t(d)\tto act as an advocate for the residents of a training centre to promote the proper resolution of issues relating to the care, treatment or control of the residents;\n\t(e)\tto inquire into, and provide advice to, the Minister in relation to any systemic reform necessary to improve—\n\t(i)\tthe quality of care, treatment or control of residents of a training centre; or\n\t(ii)\tthe management of a training centre;\n\t(f)\tto inquire into and investigate any matter referred to the Visitor by the Minister;\n\t(g)\tany other functions assigned to the Visitor by this or any other Act.\n\t(2)\tIn exercising functions under this Part, the Visitor—\n\t(a)\tmust encourage residents of a training centre to express their own views and give proper weight to those views; and\n\t(b)\tmust pay particular attention to the needs and circumstances of residents of a training centre who—\n\t(i)\tare under the guardianship, or in the custody, of the Chief Executive under the Children and Young People (Safety) Act 2017; or\n\t(ii)\tare Aboriginal or Torres Strait Islander youths; or\n\t(iii)\thave a physical, psychological or intellectual disability; and\n\t(c)\tmay receive and consider information, reports and materials relevant to exercising the Visitor's statutory functions.\n\t(3)\tThe Visitor has the powers necessary or expedient for, or incidental to, the exercise of the Visitor's functions.\n15—Use and obtaining of information\n\t(1)\tA government or non‑government organisation that is involved in the provision of services under this Act or the Young Offenders Act must, at the Training Centre Visitor's request, provide the Visitor with information relevant to the exercise of the Visitor's functions.\n\t(2)\tIf the Visitor has reason to believe that a person is capable of providing information or producing a document that may be relevant to the exercise of the Visitor's functions, the Visitor may, by notice in writing provided to the person, require the person to do 1 or more of the following:\n\t(a)\tto provide that information to the Visitor in writing signed by that person or, in the case of a body corporate, by an officer of the body corporate;\n\t(b)\tto produce that document to the Visitor;\n\t(c)\tto attend before a person specified in the notice and answer relevant questions or produce relevant documents.\n\t(3)\tA notice under subsection (2) is to specify the period within which, or the time, day and place at which, the person is required to provide the information or document, or to attend.\n\t(4)\tA notice under subsection (2) must provide a period of time for compliance with a requirement under that subsection that has been determined by the Visitor to be reasonable in the circumstances.\n\t(5)\tA person must comply with a requirement under subsection (2).\nMaximum penalty: $5 000.\n\t(6)\tIf a document is produced in accordance with a requirement under this section, the Visitor may take possession of, make copies of, or take extracts from, the document.\n16—Visits to and inspection of training centres\n\t(1)\tOn a visit to a training centre under this Part, the Training Centre Visitor may—\n\t(a)\tso far as practicable, inspect all parts of the centre used for or relevant to the custody of youths; and\n\t(b)\tso far as practicable, make any necessary inquiries about the care, treatment and control of each resident of the centre; and\n\t(c)\ttake any other action required to exercise the Visitor's functions.\n\t(2)\tSubject to subsection (3), a visit to a training centre may be made by the Visitor, on the Visitor's own initiative or at the request of a resident of the centre, at any reasonable time of the day, and be of such length, as the Visitor thinks appropriate.\n\t(3)\tThe Visitor must—\n\t(a)\tgive the manager of a training centre reasonable notice of an impending visit; and\n\t(b)\ttake steps to ensure that the safe administration of the centre is not compromised by the visit; and\n\t(c)\tobey the reasonable directions of the manager in relation to any genuine security concerns the manager may have in connection with the safe management of the centre.\n\t(4)\tDespite subsection (3)(a), if the Visitor intends to conduct a visit to a training centre for reasons that he or she considers to be exceptional, he or she is not required to give notice of the impending visit to the manager of the centre.\n\t(5)\tIf a manager of a training centre refuses at any time to allow the Visitor to visit the centre because of any genuine concerns the manager may have in connection with the safety of the Visitor (whether related to a security risk, a health related risk or some other reason), the manager must, as soon as reasonably practicable, provide the Visitor with written advice as to why entry to the centre was refused.\n17—Requests to contact Training Centre Visitor\n\t(1)\tA resident of a training centre, a guardian, relative or carer of a resident of a training centre or any person who is providing support to such a resident may make a request to contact the Training Centre Visitor.\n\t(2)\tIf such a request is made to the Chief Executive, the Chief Executive must advise the Training Centre Visitor of the request within 2 days after receipt of the request.\n18—Reporting obligations of Training Centre Visitor\n\t(1)\tThe Training Centre Visitor must, on or before 30 September in every year, forward a report to the Minister on the work of the Visitor during the financial year ending on the preceding 30 June.\n\t(2)\tThe Minister must, within 6 sitting days after receiving a report under subsection (1), have copies of the report laid before both Houses of Parliament.\n\t(3)\tThe Visitor may, at any time, prepare a special report to the Minister on any matter arising out of the performance of the Visitor's functions.\n\t(4)\tThe Minister must, within 2 weeks after receiving a special report, have copies of the report laid before both Houses of Parliament.\n19—Other reports\n\t(1)\tThe Training Centre Visitor may, at any time, prepare a report to the Minister on any matter arising out of the exercise of the Visitor's functions under this Act.\n\t(2)\tThe Minister must—\n\t(a)\tif Parliament is sitting—have copies of a report received under this section laid before both Houses of Parliament within 6 sitting days; or\n\t(b)\tif Parliament is not sitting—deliver copies of the report to the President of the Legislative Council and the Speaker of the House of Assembly so that they may—\n\t(i)\timmediately cause the report to be published; and\n\t(ii)\tlay the report before their respective Houses at the earliest opportunity.\n\t(3)\tA report will, when published under subsection (2)(b)(i), be taken for the purposes of any other Act or law to be a report of the Parliament published under the authority of the Legislative Council and the House of Assembly.\n20—Confidentiality of information\nInformation about individual cases disclosed to the Training Centre Visitor or a member of the Visitor's staff is to be kept confidential and is not liable to disclosure under the Freedom of Information Act 1991.\nPart 4—Training centres\nDivision 1—Establishment of training centres, facilities and programs\n21—Training centres, facilities and programs\n\t(1)\tThe Minister may establish such training centres and other facilities and programs as the Minister thinks necessary or desirable for the care, rehabilitation, detention, training or treatment of youths.\n\t(2)\tA training centre (whether established under this section or the Family and Community Services Act 1972) will be under the control of the Minister.\n\t(3)\tThe Chief Executive must ensure that adequate arrangements are in place in a training centre—\n\t(a)\tto maintain the physical, psychological and emotional well being of the residents of the centre; and\n\t(b)\tto promote the social, cultural, educational and vocational development of the residents of the centre; and\n\t(c)\tto maintain discipline and order among the residents of the centre; and\n\t(d)\tto ensure, through the implementation of operational procedures, the proper security, control and management of the centre; and\n\t(e)\tfor the keeping of proper records relating to the operation and management of the centre; and\n\t(f)\tfor the good management of the centre.\n21A—Persons not to be employed in training centres etc unless assessed\n\t(1)\tA person must not be employed in a training centre or other facility established by the Minister under section 21 unless the person has undergone a psychological or psychometric assessment of a kind determined by the Chief Executive for the purposes of this section.\n\t(2)\tHowever, subsection (1) does not apply to the employment of a person or a person of a class, or the employment of a person in circumstances, prescribed by the regulations for the purposes of this subsection.\n\t(3)\tA person who is employed in a training centre or other facility in contravention of subsection (1) is guilty of an offence.\nMaximum penalty: \n\t(a)\tfor a first or second offence—$20 000;\n\t(b)\tfor a third or subsequent offence—$50 000 or imprisonment for 1 year.\n\t(4)\tA person who employs, or continues to employ, a person in a training centre or other facility in contravention of subsection (1) is guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of a natural person—$50 000 or imprisonment for 1 year; or\n\t(b)\tin the case of a body corporate—$120 000.\n\t(5)\tFor the purposes of this section, a reference to a person being employed will be taken to include a reference to a person who—\n\t(a)\tis a self‑employed person; or\n\t(b)\tcarries out work under a contract for services; or\n\t(c)\tcarries out work as a minister of religion or as part of the duties of a religious or spiritual vocation; or\n\t(d)\tundertakes practical training as part of an educational or vocational course; or\n\t(e)\tcarries out work as a volunteer; or\n\t(f)\tperforms unpaid community work in accordance with an order of a court,\nand a reference to employ is to be construed accordingly.\nDivision 2—Charter of Rights for Youths Detained in Training Centres\n22—Charter of Rights for Youths Detained in Training Centres\n\t(1)\tThere will be a Charter of Rights for Youths Detained in Training Centres.\n\t(2)\tThe Charter has effect if it is approved by the Minister.\n\t(3)\tA person exercising functions or powers under a relevant law must, in any dealings with, or in relation to, a youth who is in detention, have regard to, and seek to implement to the fullest extent possible, the terms of the Charter.\n\t(4)\tThe Charter must be made available on a website maintained by the Department to which the public has access free of charge.\n\t(5)\tIn this section—\nrelevant law means—\n\t(a)\tthis Act; or\n\t(b)\tany law relating to the detention of a youth in a training centre.\nDivision 3—Procedures on admission\n23—Initial assessment on admission\n\t(1)\tThe Chief Executive must, as soon as practicable after the initial admission of a youth to a training centre, ensure that—\n\t(a)\tthe youth is given a copy of—\n\t(i)\tthe rules of the centre that apply to residents of the centre; and\n\t(ii)\tthe Charter of Rights for Youths Detained in Training Centres; and\n\t(b)\tthe youth—\n\t(i)\tis given a written and verbal explanation of the rules of the centre in a language that the youth is able to understand; and\n\t(ii)\tis made aware of the consequences that may follow from any breach of or non‑compliance with the rules; and\n\t(c)\tsubject to subsection (2), a guardian, relative or carer of the youth is notified that the youth has been admitted to the centre.\n\t(2)\tThe following provisions apply for the purposes of subsection (1)(c):\n\t(a)\tthe person to be notified must be—\n\t(i)\ta guardian, relative or carer of the youth nominated by the youth for the purpose; or\n\t(ii)\tif that is not practicable or appropriate—a guardian, relative or carer of the youth who appears to have or be assuming responsibility for the care of the youth; or\n\t(iii)\tif that is not practicable or appropriate—any other guardian, relative or carer of the youth whom it is practicable and appropriate to notify;\n\t(b)\tthe Chief Executive is not required to notify a person whose whereabouts are not known to or readily ascertainable by the Chief Executive;\n\t(c)\tit is not appropriate for the Chief Executive to notify a particular person if the Chief Executive has reason to believe that it would be contrary to the youth's best interests to do so.\n\t(3)\tThe Chief Executive must, as soon as practicable after the initial admission to a training centre of a youth, cause the youth to be screened for the purposes of assessing the youth's particular needs and circumstances.\n\t(4)\tThe Chief Executive must, as soon as practicable after the youth has been screened under subsection (3), cause the youth to be assessed at least once in each prescribed period while resident in the centre.\n\t(5)\tIn carrying out an assessment under subsection (4), the Chief Executive must—\n\t(a)\tendeavour to ensure that the youth and a guardian, relative or carer of the youth participate in the assessment; and\n\t(b)\thave regard to—\n\t(i)\tthe age, gender, gender identity, sexuality or sexual identity of the youth; and\n\t(ii)\tthe cultural identity, developmental and cognitive capacity, ability or disability, and any special needs, of the youth; and\n\t(iii)\tthe social, medical, psychological and educational background and history of the youth; and\n\t(iv)\tthe needs of the youth in respect of—\n\t(A)\teducation or training; and\n\t(B)\tmedical, psychological or psychiatric treatment; and\n\t(v)\tthe aptitude or suitability of the youth for any particular form of education, vocational training or work; and\n\t(vi)\tthe nature of the offence, or offences, in respect of which the youth is detained and the length of sentence; and\n\t(vii)\tthe behaviour of the youth while in the training centre; and\n\t(viii)\tthe question of maintaining the youth's family and community connections; and\n\t(ix)\tany responsibilities the youth has as a carer; and\n\t(x)\twhere relevant, any proposed plans in respect of the release of the youth and his or her social rehabilitation; and\n\t(xi)\tany representations made by the youth and any other relevant person (including a guardian, relative or carer of the youth); and\n\t(xii)\tsuch other matters as the Chief Executive thinks relevant.\n\t(6)\tAfter the first assessment of a resident of a training centre has been completed, the Chief Executive must prepare a case plan for the youth and may, after any subsequent assessment, add to or vary that plan.\n\t(7)\tA case plan for a youth prepared, added to or varied under subsection (6) must include particulars of each of the following:\n\t(a)\tproposals for the education or training of the youth;\n\t(b)\tproposals for medical, psychological or psychiatric treatment of the youth;\n\t(c)\tproposals for the rehabilitation of the youth;\n\t(d)\tproposals relating to the youth's release into, and support in, the community.\n\t(8)\tIn subsection (4)—\nprescribed period means—\n\t(a)\tthe period prescribed by the regulations for the purposes of this definition; or\n\t(b)\tif no period is prescribed—a period not exceeding 3 months.\nDivision 4—Custody of residents of training centres\n24—Minister has custody of youths in detention\nThe Minister has the custody of a resident of a training centre, whether the resident is within, or outside, the precincts of a training centre in which he or she is being detained, or is to be detained.\n25—Chief Executive responsible under Minister for management of training centres\nSubject to this Act, the Chief Executive has an absolute discretion—\n\t(a)\tto place any particular youth or youth of a particular class in such part of a training centre as the Chief Executive thinks fit; and\n\t(b)\tto establish in respect of a particular youth, or youth of a particular class, or in respect of youths placed in any particular part of a training centre, such a regime for education, training, work, recreation, contact with other youths or any other aspect of the day‑to‑day life of youths in detention; and\n\t(c)\tto vary any such regime,\nas from time to time seems expedient to the Chief Executive.\nDivision 5—Management of residents of training centres\n26—Chief Executive may make rules relating to management of training centre\n\t(1)\tSubject to this Act, the Chief Executive may make rules—\n\t(a)\trelating to the management of a training centre; and\n\t(b)\tregulating the conduct of residents of a training centre.\n\t(2)\tThe Chief Executive may vary or revoke any rules made under subsection (1).\n\t(3)\tThe Subordinate Legislation Act 1978 does not apply to rules made under this section.\n\t(4)\tThe Chief Executive must cause rules made under this section to be published for the benefit of residents of a training centre in such manner as the Chief Executive thinks fit and, in giving effect to this section, must ensure, as far as is reasonably practicable, that the rules are made known to any resident who is illiterate or whose principal language is not the English language.\n27—Education\n\t(1)\tThe Chief Executive must arrange for such courses of instruction or training as the Chief Executive thinks fit to be made available to residents of training centres.\n\t(2)\tIn particular, the Chief Executive must, as much as reasonably practicable, encourage a resident of a training centre who is a child of compulsory school age or a child of compulsory education age to continue or otherwise further his or her school education or vocational or other training (as the case requires).\n28—Safe rooms\n\t(1)\tA resident of a training centre may only be detained in a safe room if an employee of the centre believes on reasonable grounds that—\n\t(a)\tthe resident is about to harm himself or herself or another person; or\n\t(b)\tthe resident is about to cause significant damage to property; or\n\t(c)\tit is necessary to detain the resident in a safe room—\n\t(i)\tto maintain order in the centre; or\n\t(ii)\tto preserve the security of the centre.\n\t(2)\tDespite subsection (1), a resident of a training centre who is under the age of 12 years must not be detained in a safe room.\n\t(3)\tIf a resident is detained in a safe room, the manager of the training centre must be informed of the detention, and the reasons for the detention, as soon as reasonably practicable.\n\t(4)\tA resident of a training centre may only be detained in a safe room for so long as is necessary in the circumstances but, in any event—\n\t(a)\tif the resident is aged between 12 and 14 years—for no longer than 24 hours; and\n\t(b)\tif the resident is aged 15 years or over—for no longer than 48 hours.\n\t(5)\tThe following provisions apply in relation to a resident of a training centre who is being detained in a safe room:\n\t(a)\tthe resident must be closely supervised;\n\t(b)\tthe resident must be observed at intervals of not longer than 5 minutes;\n\t(c)\tthe observations must be recorded in writing and kept together with the record required to be made under subsection (6).\n\t(6)\tIf a resident of a training centre is detained in a safe room, the manager of the centre must ensure that—\n\t(a)\ta record is made containing the following details:\n\t(i)\tthe name and age of the resident;\n\t(ii)\tthe date and time the detention began;\n\t(iii)\tthe date and time the detention ended;\n\t(iv)\tthe reason for the detention;\n\t(v)\tthe name of the employee of the centre who ordered the detention;\n\t(vi)\taction taken (if any) in respect of the resident before the resident was so detained;\n\t(vii)\tthe management plan established for the resident for the period during which the resident was detained in the safe room;\n\t(viii)\tany issues or concerns relating to the resident's medical or psychological condition; and\n\t(b)\tthe resident is examined as soon as practicable by an appropriate health professional for the purpose of assessing the resident's health or mental health condition and needs; and\n\t(c)\tif the resident belongs to a cultural or linguistic minority—a cultural advisor is informed of the detention; and\n\t(d)\tan action plan is prepared to manage the resident in the period immediately following the resident's release from the safe room.\n\t(7)\tAn account of an incident leading to the detention of a resident in a safe room must be—\n\t(a)\twritten, signed and dated by the resident; or\n\t(b)\tif the resident cannot write—\n\t(i)\twritten on the instructions of the resident, and signed and dated, by a person nominated for the purpose by the resident; and\n\t(ii)\tsigned by the resident,\n(and such account must be kept together with the record required to be made under subsection (6)).\n\t(8)\tIf the resident refuses to cooperate in the preparation of the account, a written record of the refusal must be must be made and kept together with the record required to be made under subsection (6).\n\t(9)\tA resident may nominate any of the following persons for the purposes of subsection (7)(b):\n\t(a)\tthe resident's case manager or case worker;\n\t(b)\ta lawyer;\n\t(c)\tthe Guardian for Children and Young People;\n\t(d)\tthe Training Centre Visitor;\n\t(e)\ta cultural advisor;\n\t(f)\ta parent, guardian or carer of the resident,\n(but any such person nominated may not be an employee of the training centre nor have been present during the relevant incident that led to the resident being detained in the safe room).\n29—Prohibited treatment of residents\nSubject to this Act, a resident of a training centre must not be subjected to any of the following kinds of treatment:\n\t(a)\tcorporal punishment of any form (that is, any action that inflicts or is intended to inflict physical pain or discomfort);\n\t(b)\tisolation or segregation (other than in a safe room or in prescribed circumstances) from other residents;\n\t(c)\tpsychological pressure or emotional abuse of any form intended to intimidate or humiliate;\n\t(d)\tdeprivation of medical attention, basic food or drink, clothing or any other essential item;\n\t(e)\tdeprivation of sleep;\n\t(f)\trestriction of free movement by means of mechanical restraints (other than in prescribed circumstances);\n\t(g)\tunjustified deprivation of contact with persons outside the centre;\n\t(h)\tany other treatment that is cruel, inhuman or degrading.\n30—Power to search residents\n\t(1)\tThe manager of a training centre may cause a resident of the centre or a resident's belongings to be searched in any of the following situations:\n\t(a)\twhen the resident is received into the centre or returns after an absence from the centre;\n\t(b)\tif the resident has had a full contact visit with a visitor to the centre;\n\t(c)\tif the manager has reasonable cause to suspect that the resident has in his or her possession in the centre any substance or item—\n\t(i)\tthat is prohibited in the centre; or\n\t(ii)\tthat may jeopardise the security of the centre.\n\t(2)\tThe following provisions apply to the search of a resident of a training centre:\n\t(a)\tthe resident may not be required to be completely naked at any time during the search;\n\t(b)\tthose present at any time during the search when the resident is semi-naked (except a medical practitioner) must be of the same sex or gender identity as the resident;\n\t(c)\tat least 2 persons (apart from the resident) must be present at all times during the search when the resident is semi-naked (with 1 of them conducting the search while the other observes);\n\t(d)\tif a medical practitioner is required for the purposes of the search—the medical practitioner must be in addition to the 2 persons required under paragraph (c);\n\t(e)\tfor the purposes of the search—the resident may be required—\n\t(i)\tto open his or her mouth; and\n\t(ii)\tto remove the clothing from his or her upper body or lower body (but not both at the same time); and\n\t(iii)\tto adopt particular postures; and\n\t(iv)\tto do anything else reasonably necessary for the purposes of the search,\nand if the resident does not comply with such a requirement, reasonable force may be applied to secure compliance;\n\t(f)\tforce must not be applied to open the resident's mouth except by or under the supervision of a medical practitioner;\n\t(g)\tnothing may be introduced into an orifice of the resident's body for the purposes of the search except by a medical practitioner;\n\t(h)\tthe search must be carried out expeditiously and undue humiliation of the resident must be avoided.\n\t(3)\tIf a resident of a training centre is searched while the resident is semi-naked, the manager of the centre must ensure that a record is made containing the following details:\n\t(a)\tthe name and age of the resident;\n\t(b)\tthe date and time of the search;\n\t(c)\tthe reason for the search;\n\t(d)\tthe name of the employee of the centre who conducted the search.\n\t(4)\tDespite subsection (2)(b), if 2 persons (apart from a medical practitioner) of the same sex or gender identity as a resident are not available at the time a search of the resident is to be conducted, the search may be conducted by a person of the same sex or gender identity as the resident in the presence of a person who is not of the same sex or gender identity.\n\t(5)\tHowever—\n\t(a)\tthe second person present when the search is conducted must observe the person conducting the search without observing the semi-naked resident; and\n\t(b)\tdue regard must be had to the particular needs and circumstances of the resident.\n31—Drug testing of residents\n\t(1)\tThe Chief Executive may require a resident of a training centre to undergo a drug test in any of the following circumstances:\n\t(a)\ton the initial admission of the youth to the centre;\n\t(b)\ton the youth returning to the centre after being absent;\n\t(c)\tif, for the purpose of ascertaining the incidence of unlawful drug use in a training centre, the manager of the centre—\n\t(i)\tproposes that all residents of the centre, or a part of the centre, undergo a drug test; or\n\t(ii)\tcauses the random selection of residents from the whole, or a part, of the centre to undergo a drug test and the resident falls within the selection;\n\t(d)\tin any other circumstance that the Chief Executive thinks fit.\n\t(2)\tThe manager of a training centre may require a resident of the centre to undergo a drug test—\n\t(a)\tif the manager reasonably suspects that the resident has unlawfully used a drug; or\n\t(b)\tin any other circumstance that the Chief Executive thinks fit.\n\t(3)\tIf a resident of a training centre is required to undergo a drug test in circumstances approved by the Chief Executive under subsection (1)(d) or (2)(b), the person who required the resident to undergo the test must make a written record of the reasons for the requirement.\n32—Use of sniffer dogs\n\t(1)\tThe Chief Executive may authorise the use of a sniffer dog by a person who is authorised to use such a dog under the Police Act 1998 or the Correctional Services Act 1982 at a training centre to assist in the maintenance of the good order or security of the centre.\n\t(2)\tWithout limiting subsection (1), a sniffer dog may be used for any of the following purposes:\n\t(a)\tto carry out a search at a training centre for any reason;\n\t(b)\tto track a youth who has escaped from custody or who is otherwise unlawfully at large;\n\t(c)\tto patrol a training centre.\n\t(3)\tIn this section—\nsniffer dog means—\n\t(a)\ta drug detection dog within the meaning of the Controlled Substances Act 1984; or\n\t(b)\ta dog that is trained and handled by South Australia Police; or\n\t(c)\ta correctional services dog (within the meaning of the Correctional Services Act 1982).\n33—Use of force against residents\n\t(1)\tAn employee of a training centre may only use such force against a resident of the centre as is reasonably necessary in a particular case—\n\t(a)\tto prevent the resident from harming himself or herself or another person; or\n\t(b)\tto prevent the resident from causing significant damage to property; or\n\t(c)\tto maintain order in the centre; or\n\t(d)\tto preserve the security of the centre.\n\t(2)\tIf force is used against a resident of a training centre—\n\t(a)\teach employee of the centre involved must ensure that a written report is provided to the manager of the centre containing the following particulars:\n\t(i)\tthe name of the resident;\n\t(ii)\tthe name of each employee involved in or who witnessed the use of force;\n\t(iii)\tthe date, time and location in the centre where the use of force took place;\n\t(iv)\tthe nature of the force used and the purpose for which, or circumstances in which, the force was used; and\n\t(b)\tthe manager of the training centre must ensure that the resident is examined as soon as practicable by an appropriate health professional for the purpose of assessing the resident's health or mental health condition and needs.\n\t(3)\tAn account of an incident leading to the use of force against a resident must be—\n\t(a)\twritten, signed and dated by the resident; or\n\t(b)\tif the resident cannot write—\n\t(i)\twritten on the instructions of the resident, and signed and dated, by a person nominated for the purpose by the resident; and\n\t(ii)\tsigned by the resident,\n(and such account must be kept together with the report required to be made under subsection (2)).\n\t(4)\tA resident may nominate any of the following persons for the purposes of subsection (3)(b):\n\t(a)\tthe resident's case manager or case worker;\n\t(b)\ta lawyer;\n\t(c)\tthe Guardian for Children and Young People;\n\t(d)\ta Training Centre Visitor;\n\t(e)\ta cultural advisor;\n\t(f)\ta parent, guardian or carer of the resident;\n\t(g)\tany other person approved by the manager of the training centre,\n(but any such person nominated may not be an employee of the training centre nor have been present during the relevant incident that led to the use of force against the resident).\n33A—Prohibition on use of spit hoods\n\t(1)\tAn employee of a training centre must not place a spit hood on the head of a person.\nMaximum penalty: Imprisonment for 2 years.\n\t(2)\tSubsection (1) applies despite any other provision of this Act or any other Act or law.\n\t(3)\tIn this section—\nspit hood means a covering (however described) that is intended to be placed over a person's head to prevent the person from spitting on, or biting, another person.\nDivision 6—Leave of absence under authority of Chief Executive\n34—Leave of absence under authority of Chief Executive\n\t(1)\tThe Chief Executive may, by written order, grant a youth detained in a training centre leave of absence from the centre—\n\t(a)\tfor the medical or psychiatric examination, assessment or treatment of the youth; or\n\t(b)\tfor the attendance of the youth at an educational or training course, a personal development program or a work program, project or camp; or\n\t(c)\tfor such compassionate purpose as the Chief Executive thinks fit; or\n\t(d)\tfor any purpose related to a criminal investigation; or\n\t(e)\tfor the purpose of enabling the youth to perform community service.\n\t(2)\tSubsection (1)(a) does not apply if, in an emergency, it is necessary that a youth is removed from a training centre for a medical or psychiatric examination, assessment or treatment and the Chief Executive is advised as soon as practicable of the youth's absence from the training centre and the reason for the absence.\n\t(3)\tIn determining whether to grant a youth leave of absence under this section, the Chief Executive must have regard to the following:\n\t(a)\tthe goals of the youth in respect of rehabilitation;\n\t(b)\tthe cultural needs and circumstances of the youth;\n\t(c)\tthe safety of the community;\n\t(d)\twhether the youth has a history absconding or breaching orders;\n\t(e)\twhether the youth is likely to interfere with a witness;\n\t(f)\tthe need that any victim of an offence committed, or alleged to have been committed, by the youth may have, or perceive, for physical protection from the youth.\n\t(4)\tLeave of absence under this section may be subject to 1 or more of the following conditions:\n\t(a)\ta condition that the youth will be in the custody of and supervised by 1 or more officers or employees of the Department authorised by the Chief Executive for the purpose;\n\t(b)\ta condition that the youth be monitored by use of an electronic device;\n\t(c)\tany other condition as the Chief Executive thinks fit.\n\t(5)\tA leave of absence under this section that allows a youth to leave the State may only be granted with the Minister's consent.\n\t(6)\tThe Chief Executive may, by written order, revoke a leave of absence granted under this section, or vary or revoke any of the conditions to which it is subject.\n\t(7)\tA youth who is at large after the revocation or expiry of leave of absence may be apprehended without warrant by a police officer or an officer or employee of the Department authorised by the Chief Executive for the purpose.\n\t(8)\tA youth who is still at large after the expiry of leave of absence will be taken to be unlawfully at large.\n\t(9)\tA youth is not, while still at large after revocation of leave of absence, serving his or her sentence of detention.\nDivision 7—Transfer of youths under detention from 1 jurisdiction to another\n35—Interpretation\nIn this Division—\nappropriate authority of another State means a person who is vested with authority under a corresponding law—\n\t(a)\tto authorise or arrange for the transfer of a young offender to this State; or\n\t(b)\tto authorise or arrange for the transfer of a young offender from this State to that State;\ncorrectional order means an order under a law of this State or any other State for dealing with youths who commit offences, being an order—\n\t(a)\tfor the detention (other than remand) of such a youth; or\n\t(b)\trequiring such a youth to perform community service; or\n\t(c)\tproviding for the conditional release of such a youth; or\n\t(d)\tplacing such a youth on probation or parole or under any form of supervision;\ncorrectional system, in relation to a State, means the system of law, judicial and administrative authorities, correctional and other institutions under which youths who commit offences are dealt with in that State;\ncorresponding law means a law of another State declared by regulation to be a law corresponding to this Division;\nescort means a person in whose custody a young offender is placed for the purpose of bringing the young offender into the State, or taking the young offender out of the State, pursuant to arrangements made under this Division;\nState includes the Australian Capital Territory and the Northern Territory;\nyoung offender means a person—\n\t(a)\twho has been found guilty of an offence committed while under the age of 18 years; and\n\t(b)\twho is subject to a correctional order.\n36—Transfer of young offenders to other States\n\t(1)\tThe Minister may make arrangements with the appropriate authority of another State for the transfer of a young offender to that other State.\n\t(2)\tBefore entering into arrangements under this section, the Minister must be satisfied—\n\t(a)\tthat any rights of appeal against the relevant correctional order have been exhausted or have expired; and\n\t(b)\tthat the young offender will be dealt with in the correctional system of the other State in substantially the same way as if he or she had remained in the correctional system of this State; and\n\t(c)\tthat the transfer is in the best interests of the young offender; and\n\t(d)\tthat—\n\t(i)\tthe young offender consents to the transfer; or\n\t(ii)\tthere are special reasons justifying the transfer although the young offender does not consent.\n\t(3)\tBefore entering into arrangements under this section, the Minister must allow the guardians of the youth a reasonable opportunity to make representations on the question whether the transfer is in the best interests of the young offender.\n\t(4)\tBefore consenting to a transfer, a young offender must be allowed a reasonable opportunity to obtain independent legal advice on the question of whether the transfer is in his or her best interests.\n\t(5)\tAn arrangement under this section will not be carried into effect unless it has been ratified by the Youth Court.\n\t(6)\tIf a young offender is transferred to another State pursuant to an arrangement under this section, the Minister will transmit to the appropriate authority of that other State—\n\t(a)\ta copy of the relevant correctional order; and\n\t(b)\ta statement of—\n\t(i)\tany period of detention served by the young offender pursuant to the order; and\n\t(ii)\tany community service performed by the young offender pursuant to the order; and\n\t(iii)\tany period for which the young offender has been subject to conditional release; and\n\t(iv)\tany period for which the young offender has been on probation or parole or under supervision; and\n\t(v)\tany remissions of sentence to which the young offender has become entitled; and\n\t(c)\ta report on the young offender.\n\t(7)\tIf the Minister arranges for the transfer to another State of a young offender who is in detention, the Minister will arrange for the young offender to be taken to the other State in the custody of a suitable escort and delivered into detention in that other State.\n\t(8)\tIf a young offender goes or is transferred to another State and is accepted into the correctional system of that other State pursuant to arrangements under this section, the relevant correctional order ceases to operate in this State.\n37—Transfer of young offenders to this State\n\t(1)\tThe Minister may make arrangements with the appropriate authority of another State for the transfer of a young offender from that other State to this State.\n\t(2)\tBefore entering into arrangements under this section, the Minister must be satisfied—\n\t(a)\tthat the young offender is over the age of 10 years; and\n\t(b)\tthat there is in force in this State a law that substantially corresponds to the law against which the young offender offended; and\n\t(c)\tthat the young offender is not liable to detention for an indeterminate period; and\n\t(d)\tthat the young offender will be dealt with in the correctional system of this State in substantially the same way as if he or she had remained in the correctional system of the other State.\n\t(3)\tBefore entering into arrangements under this section, the Minister must allow the guardians of the youth a reasonable opportunity to make representations on the question whether the transfer is in the best interests of the young offender.\n\t(4)\tIf a young offender is transferred to this State pursuant to arrangements under this section—\n\t(a)\ta copy of the correctional order must be filed in the Youth Court; and\n\t(b)\tthe young offender will be dealt with under the law of this State as if—\n\t(i)\tthe correctional order had been made under the law of this State; and\n\t(ii)\tany period of detention, community service, conditional release, probation, parole or supervision served by the young offender pursuant to the order had been served in this State; and\n\t(iii)\tany entitlement to remission of sentence that had accrued prior to the transfer had accrued under the law of this State.\n38—Adaptation of correctional orders to different correctional systems\n\t(1)\tAn arrangement made under this Division for the transfer of a young offender may provide that the correctional order will operate with such modifications as are necessary to ensure its effective operation in the correctional system of the State to which the young offender is to be transferred.\n\t(2)\tAny such modifications relating to a correctional order made under the law of another State must be endorsed on the order on its filing under this Act and the Young Offenders Act.\n39—Custody during escort\n\t(1)\tAn escort in whose custody a young offender has been placed for the purpose of bringing the young offender into, or taking the young offender out of, the State has, while in the State, lawful custody of the young offender.\n\t(2)\tIf a young offender escapes from the custody of an escort, the young offender may be arrested without warrant for the purpose of being returned to lawful custody.\nDivision 8—Release from detention\n40—Release of youth from detention\n\t(1)\tSubject to this Act and the Young Offenders Act, a youth will be released from the training centre in which the youth is being detained on the day on which the youth's sentence of detention expires, unless released earlier under Part 5 of the Young Offenders Act or any other Act or law.\n\t(2)\tA youth must be released from the training centre in which the youth is being detained as near as practicable to 10 am on the day of the youth's release.\n\t(3)\tIf a youth is released from detention on home detention or conditional release, or on the expiration or extinguishment of his or her sentence of detention, the Chief Executive must, as soon as reasonably practicable, hand over to the youth any personal property held on his or her behalf.\n41—Manner in which former resident's personal property is to be dealt with\n\t(1)\tIf a former resident of a training centre has left any personal property in a training centre in which he or she was at some time detained, the Chief Executive must give a written notice to the former resident, sent by post to his or her last known address, setting out particulars of the personal property and of the place at which it may be collected.\n\t(2)\tIf the former resident fails to collect the personal property within 1 month of being given a notice under subsection (1), the Chief Executive must deal with the property in the following manner:\n\t(a)\tif the property consists solely of items that would, in the opinion of the Chief Executive, be of negligible monetary value and of no sentimental value to the former resident, the Chief Executive may dispose of the property in such manner as the Chief Executive thinks fit; or\n\t(b)\tin any other case—\n\t(i)\tif the whereabouts of the former resident are known to the Chief Executive, the Chief Executive must cause the property to be delivered to the former resident except where it is not practicable to do so, in which case the Chief Executive may dispose of the property in such manner as the Chief Executive thinks fit;\n\t(ii)\tif the whereabouts of the former resident are, after reasonable inquiries, unknown to the Chief Executive, the Chief Executive may dispose of the property in such manner as the Chief Executive thinks fit.\n\t(3)\tMoney received from the sale of any personal property under this section will be paid into the Consolidated Account.\n42—Certain prohibited items not to be returned to former residents\nNothing in this Division requires the delivery or return to a person of any item of personal property the possession of which by that person is prohibited by law.\nPart 5—Community programs and community service\n43—Community programs\n\t(1)\tThe Minister may establish such programs as the Minister thinks necessary or desirable for the care, rehabilitation, training or treatment of a youth who is required to be under supervision in the community.\n\t(2)\tThe Chief Executive must ensure that adequate arrangements are in place in any such program to ensure—\n\t(a)\tthat the youth is supervised by a community youth justice officer; and\n\t(b)\tthrough the implementation of assessment and case planning, that the program is suitable for the particular youth.\n\t(3)\tIn carrying out an assessment of a particular youth, the Chief Executive must—\n\t(a)\tendeavour to ascertain the views of the youth in relation to any proposed program; and\n\t(b)\tin the case of an assessment of a youth who is under the guardianship of the Chief Executive, or of whom the Chief Executive has custody, under the Children and Young People (Safety) Act 2017—ensure that the Department (within the meaning of that Act) is consulted in relation to the assessment; and\n\t(c)\thave regard to—\n\t(i)\tthe age, gender, gender identity, sexuality or sexual identity of the youth; and\n\t(ii)\tthe cultural identity, developmental and cognitive capacity, ability or disability, and any special needs, of the youth; and\n\t(iii)\tthe social, medical, psychological and educational background and history of the youth; and\n\t(iv)\tthe needs of the youth in respect of—\n\t(A)\teducation or training; and\n\t(B)\tmedical, psychological or psychiatric treatment; and\n\t(v)\tthe aptitude or suitability of the youth for any particular form of education, vocational training or work; and\n\t(vi)\tthe nature of the offence, or offences, in respect of which the youth has been sentenced and the length of sentence; and\n\t(vii)\tthe behaviour of the youth while under supervision; and\n\t(viii)\tany representations made by the youth, the community youth justice officer supervising the youth, and any other relevant person (including a guardian, relative or carer of the youth); and\n\t(ix)\tsuch other matters as the Chief Executive thinks relevant.\n\t(4)\tThe Chief Executive must, before commencing an assessment, notify the youth and, if practicable in the circumstances, a guardian, relative or carer of the youth.\n\t(5)\tThe youth and a guardian, relative or carer of the youth may make written representations to the Chief Executive in respect of the youth's assessment.\n\t(6)\tAfter an assessment of a youth has been completed under this section, the Chief Executive must prepare a case plan for the youth that contains particulars of any proposals for the education or training, medical, psychological or psychiatric treatment, and rehabilitation, of the youth, and may, after any subsequent assessment, add to or vary that plan.\n44—Restrictions on performance of community service and other work orders\nIf a youth is required to perform community service or to carry out work pursuant to an order or undertaking under this Act or the Young Offenders Act, the following provisions apply:\n\t(a)\tthe youth cannot be required to attend at a place for the purpose of performing community service or work at a time that would—\n\t(i)\tinterfere with the youth's paid employment or with a course of training or instruction relating to, or likely to assist him or her in obtaining, paid employment; or\n\t(ii)\tcause unreasonable disruption of the youth's commitments in caring for his or her dependants; or\n\t(iii)\tcause the youth to offend against a rule of a religion that he or she practises;\n\t(b)\tthe youth cannot be required to perform community service or work—\n\t(i)\tfor less than 4 hours in a week; or\n\t(ii)\tfor more than 8 hours in any 1 day,\nexcept in circumstances approved by the Minister;\n\t(c)\tif on any day a period of community service or work is to exceed 4 continuous hours, the next hour must be a meal break;\n\t(d)\tthe youth will not be paid for the performance of the community service or work.\n45—Insurance cover for youths performing community service or other work orders\nA youth who is required to perform community service or other work pursuant to an order or undertaking under this Act or the Young Offenders Act must be insured against death or bodily injury arising out of, or occurring in the course of, performance by the youth of that community service or work.\n46—Community service or other work orders may only involve certain kinds of work\n\t(1)\tThe work selected for the performance of community service or other work pursuant to an order or undertaking under this Act or the Young Offenders Act must be for the benefit of—\n\t(a)\tthe victim of the offence; or\n\t(b)\tpersons who are disadvantaged through age, illness, incapacity or any other adversity; or\n\t(c)\tan organisation that does not seek to secure a pecuniary profit for its members; or\n\t(d)\ta Public Service administrative unit, an agency or instrumentality of the Crown or a local government authority.\n\t(2)\tThe attendance by a youth at an educational or training course approved by the Minister for the purposes of this section will be taken to be the performance of community service.\nPart 6—Miscellaneous\n47—Hindering a person in execution of duty\nA person who hinders the Chief Executive, a community youth justice officer, a home detention officer or any other person in the execution, performance or discharge of a power, function or duty under this Act is guilty of an offence.\nMaximum penalty: $2 500.\n48—Impersonating an employee of Department\nA person who falsely represents himself or herself by word or conduct to be an officer or employee of the Department and to be authorised by or pursuant to this Act or any other Act to exercise certain powers is guilty of an offence.\nMaximum penalty: $2 500.\n49—Confidentiality\nA person must not disclose information relating to a youth or resident of a training centre, being information obtained (whether by the person or some other person) in the administration or enforcement of this Act, except—\n\t(a)\tas required or authorised by this Act or any other Act or law; or\n\t(b)\tas reasonably required in connection with the administration or enforcement of this Act or any other prescribed Act; or\n\t(c)\tif, in the opinion of the Chief Executive, it is necessary to disclose the information in order to avert a serious risk to public safety; or\n\t(d)\tfor the purposes of legal proceedings arising out of the administration or enforcement of this Act; or\n\t(e)\tto a government agency or instrumentality of this State, the Commonwealth or another State or Territory of the Commonwealth for the purposes of the proper performance of its functions; or\n\t(f)\twith the consent of the youth or resident to whom the information relates.\nMaximum penalty: $10 000.\n50—Disclosure of health information\n\t(1)\tThe—\n\t(a)\tChief Executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Health Care Act 2008; and\n\t(b)\tChief Executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Mental Health Act 2009,\nmust disclose to the Chief Executive such personal information about a youth detained in a training centre or released on home detention as is reasonably required for the treatment, care or rehabilitation of the youth, or the safe management of the youth in the centre or in the community (as the case may be).\n\t(2)\tProtocols or guidelines may be established for the purposes of this section.\n\t(3)\tIn this section—\npersonal information means information or an opinion, whether true or not, relating to a youth whose identity is apparent, or can reasonably be ascertained, from the information or opinion.\n51—Information about youth may be given in certain circumstances\n\t(1)\tIf a youth is sentenced to detention or imprisonment for an offence, an eligible person may apply in writing to the Chief Executive for the release to him or her of any of the following information relating to the youth:\n\t(a)\tthe name and address of the place in which the youth is for the time being held in custody;\n\t(b)\tdetails of any transfer of the youth from 1 place in which the youth is being held in custody to another;\n\t(c)\tdetails of the sentence or sentences that the youth is liable to serve;\n\t(d)\tthe date on which and circumstances under which the youth was, is to be, or is likely to be, released from custody for any reason;\n\t(e)\tdetails of any escape from custody by the youth.\n\t(2)\tThe Chief Executive has an absolute discretion to grant or refuse an application for release of information to an eligible person.\n\t(3)\tA decision of the Chief Executive as to whether a person is an eligible person or to grant or refuse an application under this section is final and is not reviewable by a court.\n\t(4)\tThe Chief Executive must not release information relating to a youth's conditional release from detention by the Training Centre Review Board without the consent of the Board (but the Board may waive this requirement in such circumstances as it thinks fit).\n\t(5)\tFor the purposes of this section, a person is an eligible person in relation to a youth who is sentenced to detention or imprisonment for an offence if he or she is—\n\t(a)\ta registered victim in relation to the offence; or\n\t(b)\ta member of the youth's family or a close associate of the youth; or\n\t(c)\ta legal practitioner who represents the youth; or\n\t(d)\tany other person who the Chief Executive thinks has a proper interest in the release of such information.\n52—Information about youth to be given when youth to be imprisoned\nIf a youth is transferred to a prison from a training centre, the Chief Executive must provide the Department (within the meaning of the Correctional Services Act 1982) with information held by the Chief Executive that is required by that Department in order to ensure—\n\t(a)\tthe safety and security of the youth while he or she is detained in the prison; or\n\t(b)\tthe safety and security of other persons at the prison; or\n\t(c)\tthat the rehabilitation needs of the youth will be met while he or she is detained in the prison.\n53—Minister may acquire land\nThe Minister may, for the purposes of this Act, acquire land in accordance with the Land Acquisition Act 1969.\n54—Evidentiary provision\nIn any proceedings, an apparently genuine document purporting to be a certificate signed by the Chief Executive (or a delegate of the Chief Executive), and certifying that a dog used during a specified period for a specified purpose under section 32 within a specified area, or at a training centre, was a sniffer dog constitutes proof, in the absence of proof to the contrary, of the matters so certified.\n55—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), regulations may be made—\n\t(a)\tregulating the administration and management of training centres; and\n\t(b)\tprescribing the procedures to be observed in relation to the detention of a youth prior to being dealt with by a court, or while a youth is being conveyed to or from any court, or while a youth is in attendance at any court; and\n\t(c)\tregulating the conduct of residents, or of residents of a particular class, of a training centre; and\n\t(d)\trelating to visitors to training centres; and\n\t(e)\tsetting out rights of residents of training centres; and\n\t(f)\tprohibiting, restricting or regulating the supply or administration to residents of drugs (including prescription drugs under the Controlled Substances Act 1984); and\n\t(g)\tfor the purposes of section 31, including regulations—\n\t(i)\tprescribing procedures for drug testing; and\n\t(ii)\tregulating the collection of biological samples from residents for the purposes of drug testing; and\n\t(iii)\tprescribing the directions that can be given to a resident for the purpose of conducting an alcotest or collecting and authenticating a biological sample; and\n\t(h)\tprescribing the duties of employees of training centres; and\n\t(i)\tregulating the times at which and procedure by which youths may be admitted to training centres for detention; and\n\t(j)\tregulating the administration of community service orders; and\n\t(k)\tprescribing directions that community youth justice officers may give to persons under their supervision; and\n\t(l)\tprescribing fines, not exceeding $1 250 in each case, for breach of the regulations.\n\t(3)\tThe regulations may include evidentiary provisions to facilitate proof of breaches of the regulations for the purposes of proceedings for offences against this Act or the regulations.\n\t(4)\tRegulations under this Act may—\n\t(a)\tbe of general application or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(c)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or the Chief Executive; and\n\t(d)\tinclude evidentiary provisions to facilitate proof of contraventions of the regulations for the purposes of proceedings for offences.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Youth Justice Administration Act 2016 amended the following:\nChildren's Protection Act 1993\nCriminal Law Consolidation Act 1935\nCriminal Law (Sentencing) Act 1988\nFamily and Community Services Act 1972\nYoung Offenders Act 1993\nYouth Court Act 1993\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2016\n6\nYouth Justice Administration Act 2016 \n17.3.2016\n1.12.2016 (Gazette 8.9.2016 p3677)\n2017\n64\nChildren's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017\n12.12.2017\nPt 23 (s 149(3))—19.12.2017; ss 149(1), 150—26.2.2018; ss 148, 149(2), 151 to 153—22.10.2018 (Gazette 19.12.2017 p5119)\n2021\n47\nStatutes Amendment (Spit Hood Prohibition) Act 2021\n25.11.2021\nPt 6 (s 7)—25.11.2021\n2025\n25\nChildren and Young People (Safety and Support) Act 2025\n12.6.2025\nSch 2 (cll 43 to 46)—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n22.10.2018\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n19.12.2017\ns 3\n\n\ns 3(1)\namended by 64/2017 s 148\n22.10.2018\ns 4\n\n\nr 4(1)\n\n\nChild and Young Person's Visitor\ninserted by 64/2017 s 149(1)\n26.2.2018\nguardian\namended by 64/2017 s 149(2)\n22.10.2018\nGuardian for Children and Young People\ninserted by 64/2017 s 149(3)\n19.12.2017\nGuardian for Children and Young Persons\ndeleted by 64/2017 s 149(3)\n19.12.2017\nPt 3\n\n\ns 10\namended by 64/2017 s 150\n26.2.2018\ns 14\n\n\ns 14(2)\namended by 64/2017 s 151\n22.10.2018\nPt 4\n\n\ns 21A\ninserted by 64/2017 s 153\n22.10.2018\ns 33A\ninserted by 47/2021 s 7\n25.11.2021\nPt 5\n\n\ns 43\n\n\ns 43(3)\namended by 64/2017 s 152\n22.10.2018\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n19.12.2017\nHistorical versions\n19.12.2017\n\n26.2.2018\n\n22.10.2018\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of the Act changed from its original intent, as no legislative text was available for analysis."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The Youth Justice Administration Act 2016 (SA) is a South Australian law that sets out how the youth justice system is run: how young people who enter the criminal justice system are managed, supervised and supported. It affects children and young people (and their families) and the government agencies that detain, supervise or provide services to them. It matters because it governs detention, community supervision and the powers and duties of youth justice officials."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has been broadened by later amendments: a mandatory psychological/psychometric assessment requirement for anyone employed or performing work in centres (including volunteers and contractors) was added (s21A, inserted 2018), and an explicit prohibition on spit hoods with imprisonment was inserted (s33A, 2021). Other amendments integrate the Act with new children’s oversight and safety laws (see s5, amended definitions and cross‑references), expanding administrative and staffing regulation beyond the original framework."},"complexity_factors":["Broad administrative discretion and delegation powers vested in Minister and Chief Executive (s6, s25) create many decision points and variable outcomes.","Extensive cross‑referencing and interaction with companion laws and offices (Young Offenders Act, Children and Young People Acts, Guardian, Youth Court) increases legal-interpretation complexity (s5; defined terms in s4).","Detailed procedural requirements and safeguards for detention operations (screening, case plans, safe rooms, searches, use of force, drug testing) add operational complexity and record‑keeping burdens (ss23, 28, 30, 31, 33).","Significant compliance burdens with criminal and civil penalties for breaches — staff assessment offence (s21A) with high fines and imprisonment risk; prohibition on spit hoods with imprisonment (s33A); confidentiality and disclosure penalties (ss49, 50).","Robust oversight and compulsion powers for the Training Centre Visitor (information notices, inspections, reports) create formal review pathways but require resourcing and information exchange (ss11–19, 15).","Broad regulation‑making and evidentiary powers (s55) plus exclusions from subordinate legislation scrutiny for some rules (s26(3)) concentrate rule‑making discretion and complicate review.","Interstate transfer and adaptation of correctional orders involve multi‑jurisdictional legal alignment and court ratification, adding procedural steps (ss35–39).","Information‑sharing provisions and confidentiality exceptions (health information disclosure, FOI exemption, eligible persons list) create privacy‑management and administrative decision burdens (ss20, 50–52)."],"plain_english_summary":"Mechanically, the Act sets out how South Australia establishes and runs youth training centres and community supervision: it vests operational power in the Minister and Chief Executive to create centres, make rules, grant leave, manage detention and transfers, and run community programs. It applies to youths aged 10–17, their families, centre staff and service providers. It matters because it centralises administrative discretion, creates staffing vetting and criminal penalties (s21A, s33A), prescribes reporting and visitor oversight, and imposes compliance, information‑sharing and regulatory duties."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as established in 2016. The amendments shown in the legislative history are technical or specific: renaming oversight bodies to align with new child protection legislation (2017), adding employment screening requirements (2017), and prohibiting spit hoods (2021). These represent refinements and specific protections rather than scope creep. The Act remains focused on administration of training centres and community supervision as per its original long title."},"complexity_factors":["Extensive cross-referencing with companion legislation (Young Offenders Act 1993, Children and Young People (Safety) Act 2017, Children and Young People (Oversight and Advocacy Bodies) Act 2016) requiring concurrent reading","27 defined terms in section 4, including nested definitions (e.g., 'guardian' includes complex child protection scenarios)","Multiple conditional frameworks: safe room detention has age-based time limits (12-14 years vs 15+), notice requirements, and mandatory procedural steps (observation intervals, health checks, cultural advisors)","Detailed procedural requirements for searches (same-sex/gender identity rules, observer requirements, medical practitioner involvement) with explicit exceptions","Layered confidentiality provisions with 6 specific exceptions in section 49, plus additional disclosure mechanisms in sections 50-52","Interstate transfer scheme (Division 7) involving mirror legislation concepts, adaptation of orders between different correctional systems, and dual consent requirements","Employment screening provisions (section 21A) with broad definition of 'employed' capturing volunteers, contractors, religious workers, and students","Regulation-making powers that contemplate significant subordinate legislation (drug testing procedures, Aboriginal and Torres Strait Islander Youth Justice Principle, prescribed periods for assessment)"],"plain_english_summary":"This legislation establishes how South Australia manages young people (aged 10-17) who have broken the law. It covers two main areas: **detention in training centres** (youth prisons) and **supervision in the community**.\n\n**Key things the Act does:**\n\n*   **Sets up training centres** – These are facilities where young offenders are held. The Minister has legal custody of detained youths, while the Chief Executive manages day-to-day operations.\n*   **Creates an independent watchdog** – The **Training Centre Visitor** is an independent official who inspects centres, advocates for young people, investigates complaints, and reports to Parliament. They cannot be told what to say by the Minister.\n*   **Establishes a Charter of Rights** – Young people in detention have specific rights that must be respected, including protection from cruel treatment, access to education, and cultural recognition.\n*   **Regulates how youths are treated** – The Act bans corporal punishment, spit hoods, isolation (except in limited circumstances), and other degrading treatment. It sets strict rules for searches, drug testing, use of force, and solitary confinement (called \"safe rooms\" – limited to 24-48 hours depending on age, with no use for children under 12).\n*   **Provides for community supervision** – Young people can serve sentences in the community under supervision, performing community service (4-8 hours per day, unpaid, with meal breaks) or attending rehabilitation programs tailored to their needs.\n*   **Allows interstate transfers** – Young offenders can be transferred between states with court approval and consent (or special justification).\n*   **Protects privacy** – Information about young offenders is generally confidential, with limited exceptions for victims, family, and public safety.\n\n**Who it affects:** Young people aged 10-17 who offend; staff working in youth detention; victims of youth crime; families and carers; and the independent Visitor.\n\n**Why it matters:** It tries to balance **community safety** with **rehabilitation**, recognising that children who commit crimes are still developing. It emphasises culturally appropriate care (especially for Aboriginal and Torres Strait Islander youths), education, and family connection, while prohibiting abusive practices."}},"importantCases":[],"_links":{"self":"/api/acts/youth-justice-administration-act-2016","history":"/api/acts/youth-justice-administration-act-2016/history","analysis":"/api/acts/youth-justice-administration-act-2016/analysis","conflicts":"/api/acts/youth-justice-administration-act-2016/conflicts","importantCases":"/api/acts/youth-justice-administration-act-2016/important-cases","documents":"/api/acts/youth-justice-administration-act-2016/documents"}}