{"id":"youth-justice-administration-regulations-2016","name":"Youth Justice Administration Regulations 2016","slug":"youth-justice-administration-regulations-2016","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":238431,"registerId":"sa-youth-justice-administration-regulations-2016-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Youth Justice Administration Regulations 2016","content":"South Australia\nYouth Justice Administration Regulations 2016\nunder the Youth Justice Administration Act 2016\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tDeclaration of corresponding law—transfer of youths under detention\nPart 2—Aboriginal and Torres Strait Islander Youth Justice Principle\n5\tAboriginal and Torres Strait Islander Youth Justice Principle\nPart 3—Circumstances in which otherwise prohibited actions allowed\n6\tCircumstances in which isolation of residents of training centres allowed\n7\tCircumstances in which segregation of residents of training centres allowed\n8\tCircumstances in which use of mechanical restraints allowed\nPart 4—Drugs and drug testing\n9\tInterpretation\n10\tDrug testing procedures\n11\tTherapeutic use of drugs\nPart 5—Visitors and communication\n12\tVisitors other than official or professional visitors\n13\tVisits by professional visitors\n14\tPower to search visitors\n15\tMail\n16\tTelephone calls\nPart 6—Miscellaneous\n17\tResidents' personal property\n18\tApplication of section 21A of Act\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Youth Justice Administration Regulations 2016.\n3—Interpretation\n\t(1)\tIn these regulations—\nAct means the Youth Justice Administration Act 2016;\nliquor means any beverage that, at 20 degrees Celsius, contains more than 1.15% alcohol by volume and includes any other substance that comprises, constitutes, contains or may be converted into that beverage;\nprohibited item—see subregulation (2);\nrules means the rules made by the Chief Executive under section 26 of the Act—\n\t(a)\trelating to the management of a training centre; or\n\t(b)\tregulating the conduct of residents of a training centre.\n\t(2)\tFor the purposes of these regulations, if permission for the introduction of any of the following items into a training centre has not been given by the manager of the centre, the item is taken to be a prohibited item in relation to the centre:\n\t(a)\ta substance that is—\n\t(i)\ta prescription drug; or\n\t(ii)\ta controlled drug; or\n\t(iii)\ta controlled plant,\nunder the Controlled Substances Act 1984;\n\t(b)\ta syringe or needle;\n\t(c)\ta device capable of being used for the administration of a controlled drug by means of the drawing of smoke or fumes (resulting from the heating or burning of the drug or substance), including a device known as a bong;\n\t(d)\tany—\n\t(i)\tflammable, corrosive or toxic substance that is a dangerous substance under the Dangerous Substances Act 1979; or\n\t(ii)\tliquor; or\n\t(iii)\tpaint; or\n\t(iv)\toil; or\n\t(v)\tacid or alkali; or\n\t(vi)\tglue; or\n\t(vii)\therbicide, fungicide or insecticide;\n\t(e)\ta pressurised spray canister;\n\t(f)\tan explosive, explosive device or incendiary device, or any substance or device that can be used in the manufacture of an explosive or incendiary device;\n\t(g)\ta device designed to fire bullets, shot or other projectiles by means of burning propellant or by means of compressed air or other compressed gas;\n\t(h)\ta device or instrument designed or commonly used, or that has been or is capable of being adapted or modified, for the purpose of—\n\t(i)\tinflicting bodily injury or harm on a person or causing a person to fear infliction of bodily injury or harm; or\n\t(ii)\tassisting a resident to escape from a training centre;\n\t(i)\ta book, diagram, plan or other document, or audio or video recording, or any other material of any kind, that instructs, teaches or otherwise guides a person—\n\t(i)\thow to make an item referred to in a preceding paragraph; or\n\t(ii)\tabout a method of escaping from a training centre or causing an insurrection, riot or other disturbance at a training centre;\n\t(j)\tpublications, films or computer games classified RC, X 18+ or R 18+ under the Classification (Publications, Films and Computer Games) Act 1995;\n\t(k)\tindecent material within the meaning of section 33 of the Summary Offences Act 1953;\n\t(l)\toffensive material within the meaning of section 33 of the Summary Offences Act 1953;\n\t(m)\ta camera or other device capable of capturing or recording images (whether digitally or on film or tape);\n\t(n)\ta mobile telephone, mobile telephone accessory or other device that may be used to make or receive a telephone call;\n\t(o)\ta 2‑way radio (also known as a walkie talkie);\n\t(p)\ta device that includes a modem or other device enabling it to transmit or receive data to or from a network of computers;\n\t(q)\tan unauthorised data storage device;\nAn unauthorised data storage device means a data storage device that has not been specifically authorised by the manager, but does not include a data storage device of a kind referred to in a preceding paragraph or a data storage device containing only a film or computer game classified G under the Classification (Publications, Films and Computer Games) Act 1995.\n\t(r)\ta tool;\n\t(s)\ta wire, rope, cord or twine;\n\t(t)\ta mirror, glass or ceramic item;\n\t(u)\ta backpack, handbag or any other bag;\n\t(v)\ta pram, pusher or bassinette;\n\t(w)\tan item or substance for grooming, cosmetic or toiletry purposes;\n\t(x)\tany other item for personal use.\n4—Declaration of corresponding law—transfer of youths under detention\nFor the purposes of Part 4 Division 7 of the Act, the Youth Justice Act 2005 of the Northern Territory is declared to be a law corresponding to that Division.\nPart 2—Aboriginal and Torres Strait Islander Youth Justice Principle\n5—Aboriginal and Torres Strait Islander Youth Justice Principle\nFor the purposes of the Act, the Aboriginal and Torres Strait Islander Youth Justice Principle is as follows:\n\t(a)\tthat, in acknowledging the diversity of Aboriginal and Torres Strait Islander communities, the individual cultural identity of Aboriginal and Torres Strait Islander youths be recognised and their beliefs and practices be supported, respected and valued;\n\t(b)\tthat Aboriginal and Torres Strait Islander youths will be supported to uphold their cultural responsibilities and have access to, and participation in, cultural ceremonies, funerals and cultural practices, relevant to their individual cultural identity;\n\t(c)\tthat assessment, case planning and decision‑making in respect of an Aboriginal or Torres Strait Islander youth includes consultation with relevant Aboriginal and Torres Strait Islander people or organisations to assist the youth;\n\t(d)\tthat, where it is appropriate to do so, the identified family, significant person and community of an Aboriginal or Torres Strait Islander youth are participants in assessment, case planning and decision‑making for the youth;\n\t(e)\tthat Aboriginal and Torres Strait Islander youths are provided with programs, services and supports that have regard to their age, maturity and individual cultural identity;\n\t(f)\tthat the assessment of appropriate accommodation in a training centre will consider the individual cultural identity of Aboriginal and Torres Strait Islander youths;\n\t(g)\tthat, where necessary, Aboriginal and Torres Strait Islander youths will be provided with interpreters and, where possible, translated documents;\n\t(h)\tthat the particular health, education and wellbeing needs of Aboriginal and Torres Strait Islander youths are considered and, where practicable, met;\n\t(i)\tthat officers of the Department actively participate in cultural training and demonstrate culturally respectful engagement;\n\t(j)\tthat the Department actively recruits and supports the retention of Aboriginal and Torres Strait Islander staff.\nPart 3—Circumstances in which otherwise prohibited actions allowed\n6—Circumstances in which isolation of residents of training centres allowed\n\t(1)\tFor the purposes of section 29(b) of the Act, this regulation prescribes the circumstances in which a resident of a training centre may be isolated from the other residents of the centre by being placed in a locked room (which may be the resident's bedroom) and kept apart from the normal routine of the centre.\n\t(2)\tSubject to this regulation, a resident of a training centre may be isolated from the other residents of the centre if an employee of the centre believes on reasonable grounds that—\n\t(a)\tthe resident's personal safety is in need of protection from other residents; or\n\t(b)\tthe resident's behaviour presents a threat to the safety of others and all reasonable de‑escalation actions have failed; or\n\t(c)\tit is otherwise necessary to isolate the resident from other residents—\n\t(i)\tto maintain order in the centre; or\n\t(ii)\tto preserve the security of the centre; or\n\t(iii)\tto protect the health of other persons.\n\t(3)\tA resident of a training centre may be isolated from the other residents of the centre by being placed in the resident's bedroom—\n\t(a)\ton the request of the resident; or\n\t(b)\tif the resident is ill.\n\t(4)\tA resident of a training centre isolated from other residents of the centre at the request of the resident under subregulation (3) must be released from isolation at the resident's request.\n\t(5)\tIf a resident of a training centre is isolated from other residents of the centre under subregulation (3)(b), the employee of the centre responsible for isolating the resident must consider whether an assessment of the resident's health should be made by a medical practitioner.\n\t(6)\tIsolating a resident of a training centre must not—\n\t(a)\tbe used to punish the resident; or\n\t(b)\tcontravene the resident's rights under the Charter of Rights for Youths Detained in Training Centres; or\n\t(c)\tlimit the ability of the resident to communicate with employees of the centre at any time.\n\t(7)\tThe following provisions apply in relation to a resident of a training centre who is being isolated from the other residents of the centre:\n\t(a)\tif the resident is isolated from the other residents of the centre for longer than 30 minutes, the manager of the centre must be informed of the isolation, and the reasons for the isolation, as soon as reasonably practicable;\n\t(b)\tisolation of the resident must not continue—\n\t(i)\tfor longer than is reasonably necessary in the circumstances; or\n\t(ii)\tfor longer than 3 hours unless the manager of the centre approves a longer period;\n\t(c)\tif the resident is isolated from other residents of the centre for longer than 3 hours in accordance with the approval of the manager of the centre under paragraph (b), the isolation must not continue for longer than 24 hours unless—\n\t(i)\tthe manager of the centre considers that the circumstances are exceptional; and\n\t(ii)\tisolation of the resident for that longer period has been approved by the Chief Executive;\n\t(d)\tthe resident must, if possible, be provided with mental or physical stimulation that does not constitute a threat to the resident's safety;\n\t(e)\tthe resident must be closely supervised;\n\t(f)\tthe resident must be observed at intervals of not longer than 15 minutes;\n\t(g)\tthe observations must be recorded.\n\t(8)\tThe Chief Executive must establish procedures to be followed relating to the isolation of residents of training centres from other residents.\n\t(9)\tIf a resident of a training centre is isolated from the other residents of the centre, 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 the period of isolation began;\n\t(c)\tthe date and time the period of isolation ended;\n\t(d)\tthe reason for the isolation;\n\t(e)\tthe name of the employee of the centre who ordered the isolation;\n\t(f)\taction taken (if any) in respect of the resident before the resident was so isolated.\n7—Circumstances in which segregation of residents of training centres allowed\n\t(1)\tFor the purposes of section 29(b) of the Act, this regulation sets out the circumstances in which a resident of a training centre may be segregated from the other residents of the centre by being placed on an individualised regime separate from the normal routine of the centre that allows the resident only restricted contact with the other residents.\n\t(2)\tSubject to this regulation, a resident of a training centre may only be segregated from other residents of the centre if an employee of the centre believes on reasonable grounds that—\n\t(a)\tthe resident's personal safety is in need of protection from other residents; or\n\t(b)\tthe resident's behaviour presents a threat to the resident's safety or the safety of others and all reasonable de‑escalation actions have failed; or\n\t(c)\tit is otherwise necessary to segregate the resident from other residents—\n\t(i)\tto maintain order in the centre; or\n\t(ii)\tto preserve the security of the centre.\n\t(3)\tSegregating a resident of a training centre must not—\n\t(a)\tbe used to punish the resident; or\n\t(b)\tcontravene the resident's rights under the Charter of Rights for Youths Detained in Training Centres; or\n\t(c)\tlimit the ability of the resident to communicate with employees of the centre at any time; or\n\t(d)\tlimit the resident's access to regular exercise periods or other stimulation; or\n\t(e)\trestrict the resident's access to contact with visitors (whether in person or by telephone) beyond what is normally allowed for the resident.\n\t(4)\tIf a resident of a training centre is segregated from the other residents of the centre—\n\t(a)\tthe segregation must not continue for longer than is reasonably necessary in the circumstances; and\n\t(b)\tthe resident must not be prevented from having contact with other residents of the centre for more than 22 hours in any 24 hour period unless such contact would be detrimental to the wellbeing of the resident or other residents; and\n\t(c)\tthe manager of the centre must be informed of the segregation, and the reasons for the segregation, as soon as reasonably practicable; and\n\t(d)\tthe manager of the centre must ensure that—\n\t(i)\ta parent, guardian or carer of the resident is informed of the segregation as soon as reasonably practicable; and\n\t(ii)\tif the resident is an Aboriginal or Torres Strait Islander youth—an Aboriginal or Torres Strait Islander person who can provide the resident with cultural support is informed of the segregation as soon as reasonably practicable; and\n\t(iii)\tif the resident is under 12 years of age—the Training Centre Visitor is informed of the segregation; and\n\t(iv)\tan individualised action plan is prepared to support the resident's return to the normal routine of the centre, including interaction with other residents; and\n\t(v)\ta record is made containing the following details:\n\t(A)\tthe name and age of the resident;\n\t(B)\tthe date and time the period of segregation began;\n\t(C)\tthe date and time the period of segregation ended;\n\t(D)\tthe reason for the segregation;\n\t(E)\tthe frequency and outcome of any risk assessments conducted in relation to the segregation;\n\t(F)\tthe name of the employee of the centre who ordered the segregation;\n\t(G)\taction taken (if any) in respect of the resident before the resident was so segregated;\n\t(H)\tthe resident's contact (if any) during the period of segregation with other residents of the centre; and\n\t(vi)\tas far as reasonably practicable, the resident maintains access to education, health and rehabilitative services in accordance with the case plan prepared for the resident.\n\t(5)\tThe Chief Executive must establish procedures to be followed relating to the segregation of residents of training centres from other residents.\n8—Circumstances in which use of mechanical restraints allowed\n\t(1)\tFor the purposes of section 29(f) of the Act, this regulation sets out the circumstances in which the free movement of a resident of a training centre may be restricted by the use of a device, instrument or physical object (that is, by means of a mechanical restraint).\n\t(2)\tSubject to this regulation, the free movement of a resident of a training centre may only be restricted by means of a mechanical restraint if—\n\t(a)\tthe mechanical restraint is of a kind approved by the Chief Executive for the purpose; and\n\t(b)\tan employee of the centre believes on reasonable grounds that—\n\t(i)\tthe resident is about to harm himself or herself or another person; or\n\t(ii)\tit is necessary to restrain the resident—\n\t(A)\tto preserve the security of the centre; or\n\t(B)\tto prevent the resident from escaping from custody; or\n\t(C)\tto preserve community safety.\n\t(3)\tRestricting the free movement of a resident of a training centre by the use of a mechanical restraint—\n\t(a)\tmay only be used as a last resort following an assessment of the risks associated with using, or not using, a mechanical restraint to restrain the resident's free movement; and\n\t(b)\tmust not—\n\t(i)\tbe used to punish the resident; or\n\t(ii)\tcontravene the resident's rights under the Charter of Rights for Youths Detained in Training Centres.\n\t(4)\tThe Chief Executive must establish procedures to be followed relating to the use of mechanical restraints on residents of training centres.\n\t(5)\tThe following provisions apply to the use of a mechanical restraint on a resident of a training centre:\n\t(a)\tthe use must be reasonable, justified and proportionate in the circumstances;\n\t(b)\tthe mechanical restraint may only be used by an employee of the centre who has been trained in the use of such restraints;\n\t(c)\tthe manager of the centre must be notified of the use of the restraint as soon as reasonably practicable;\n\t(d)\tthe restraint may only be used for as long as is necessary in the circumstances;\n\t(e)\tthe resident must not be left unsupervised and the resident and restraint are to be checked at regular intervals of not more than 15 minutes;\n\t(f)\tthe manager of the centre must ensure that a record is made containing the following details:\n\t(i)\tthe name and age of the resident;\n\t(ii)\tthe date and the period of time the restraint was used;\n\t(iii)\tthe reason for the use of the restraint;\n\t(iv)\tthe name of the employee of the centre who ordered the use of the restraint;\n\t(v)\tthe name of the employee of the centre who used the restraint;\n\t(vi)\tthe type of restraint used.\nPart 4—Drugs and drug testing\n9—Interpretation\n\t(1)\tFor the purposes of section 31 of the Act, a resident of a training centre uses a drug if the resident—\n\t(a)\tconsumes or smokes, or administers to himself or herself, the drug; or\n\t(b)\tpermits another person to administer the drug to the resident.\n\t(2)\tA person is an authorised officer for the purposes of this Part if the person is an employee of the Department who has received training in the conduct of drug testing of residents of training centres.\n10—Drug testing procedures\n\t(1)\tThe Chief Executive may establish procedures (which should be consistent with appropriate medical standards or other relevant professional standards) to be followed for the purposes of drug testing residents of training centres under section 31 of the Act.\n\t(2)\tWithout limiting the generality of subregulation (1), the procedures should include—\n\t(a)\tthe directions that can be given to a resident of a training centre for the purpose of conducting an alcotest on the resident to detect the presence of alcohol in the resident's blood, including (for example)—\n\t(i)\ta direction to accompany an authorised officer; and\n\t(ii)\ta direction to exhale into the alcotest apparatus; and\n\t(iii)\ta direction as to the manner and duration of the exhalation; and\n\t(b)\tthe directions that can be given to a resident of a training centre for the purpose of collecting and authenticating a specimen of the resident's urine for analysis to detect the presence of a drug, including (for example)—\n\t(i)\ta direction to accompany an authorised officer; and\n\t(ii)\ta direction as to how to select a urine sample container and how to deal with the container; and\n\t(iii)\ta direction as to the manner of urinating for the purpose of collecting the sample; and\n\t(iv)\ta direction as to how, and how not, to deal with the sample; and\n\t(c)\tthe procedures to be followed by authorised officers when conducting drug testing, including (for example)—\n\t(i)\tthe advice to be given to a resident of a training centre undergoing drug testing; and\n\t(ii)\tprocesses to ensure the proper standard of hygiene is maintained during testing; and\n\t(iii)\thow to select a suitable site for carrying out testing; and\n\t(iv)\thow to avoid inflicting unnecessary humiliation or embarrassment to residents during testing; and\n\t(v)\thow to deal with a urine sample once it has been collected; and\n\t(vi)\tthe documents and information to be completed by an authorised officer relating to the conduct and results of a drug test; and\n\t(vii)\tany other procedures as may, in the opinion of the Chief Executive, be necessary.\n\t(3)\tA resident of a training centre required to submit to an alcotest must not refuse or fail to comply with all reasonable directions of an authorised officer in relation to the requirement and, in particular, must not refuse or fail to exhale into the apparatus by which the alcotest is conducted in accordance with the directions of the authorised officer.\n\t(4)\tA resident of a training centre required to submit to urine testing must not refuse or fail to comply with all reasonable directions of an authorised officer in relation to the requirement and, in particular, must not refuse or fail to supply a sample of urine for testing in accordance with the directions of the authorised officer.\n\t(5)\tA resident of a training centre who has not, within the period specified in the procedures of being directed to do so, provided a sample of urine in accordance with the direction, will be taken to have failed to comply with the direction.\n11—Therapeutic use of drugs\n\t(1)\tThe Chief Executive may establish procedures (which should be consistent with appropriate medical standards or other relevant professional standards) to be followed relating to the therapeutic use of drugs by residents of training centres and the administration of drugs for such use to the residents.\n\t(2)\tIn this regulation—\ntherapeutic—the use of a drug is to be regarded as therapeutic if—\n\t(a)\tthe drug is prescribed by, and used in accordance with the directions of, a medical practitioner; or\n\t(b)\tthe drug—\n\t(i)\tis a drug of a kind available, without prescription, from registered pharmacists; and\n\t(ii)\tis used for a purpose recommended by the manufacturer and in accordance with the manufacturer's instructions.\nPart 5—Visitors and communication\n12—Visitors other than official or professional visitors\n\t(1)\tA resident of a training centre is entitled to at least 2 visits each week.\n\t(2)\tThe manager of a training centre must encourage and facilitate visits to the residents of the centre by relatives, friends and other significant persons, including by directing the type of visit depending on the needs of the particular resident.\nExample—\nThe manager of a training centre may direct that a visit by a particular person to a particular resident of the centre is to be a contact or non‑contact visit in a separate or private, or in a public, meeting room.\n\t(3)\tThe manager of a training centre may authorise a visit or visits to a resident of the centre in circumstances that do not fall within the centre's usual visiting arrangements if the manager is satisfied that—\n\t(a)\tthe resident has a family emergency, such as illness in the family or a bereavement; or\n\t(b)\tthe visitor has travelled a long distance to visit and is unable to visit during scheduled visiting sessions due to financial, work or other difficulties; or\n\t(c)\tthe circumstances are otherwise such as to warrant the visit or visits.\n\t(4)\tA person may not visit a resident unless the person provides such evidence as the manager of the training centre thinks appropriate as to the person's identity.\n\t(5)\tThe manager of a training centre may—\n\t(a)\tcause a person to be screened and approved for a visit prior to allowing a visit with a resident of the centre; and\n\t(b)\tif of the opinion that special reasons exist for doing so, order that a particular person is barred from visiting a resident of the centre for any period the manager thinks fit, or until further order of the manager.\n13—Visits by professional visitors\n\t(1)\tThe following provisions apply to a visit to a training centre by a person who visits a resident of the centre for the purpose of rendering professional services to the resident:\n\t(a)\tthe identity and professional status of the visitor must be verified before the visitor is admitted to visit a resident of the centre;\n\t(b)\tthe manager of the centre must provide a suitable meeting room for the visitor to meet with the resident of the centre;\n\t(c)\tthe visit must, if practicable, be conducted in private.\n\t(2)\tA visit by a person for the purpose of rendering professional services to a resident of a training centre will not be held to be a visit for the purposes of regulation 12(1).\n14—Power to search visitors\n\t(1)\tThis regulation does not apply to a person who is a resident of a training centre.\n\t(2)\tThe manager of a training centre may—\n\t(a)\tcause any person who enters the centre to submit, subject to the person's consent, to 1 or more of the following for the purpose of detecting the presence of prohibited items:\n\t(i)\tscreening by means of an electronic device;\n\t(ii)\ta limited contact search;\n\t(iii)\thaving the person's belongings searched; or\n\t(b)\tif there are reasonable grounds for suspecting that a person entering or in the centre is in possession of a prohibited item—cause the person and the person's possessions to be detained and searched; or\n\t(c)\tif there are reasonable grounds for suspecting that a vehicle entering or in the centre is carrying a prohibited item—cause the vehicle to be detained and searched.\n\t(3)\tIf a person does not consent to screening or a search, the manager of the training centre may cause the person to be refused entry to or removed from the centre, using only such force as is reasonably necessary for the purpose.\n\t(4)\tFailure of a person to consent to screening or a search does not of itself constitute grounds for suspecting that the person is in possession of a prohibited item.\n\t(5)\tA limited contact search is a search of a person to which the following provisions apply:\n\t(a)\tthe person may be required to remove any jacket that the person is wearing;\n\t(b)\tthe person cannot be required to remove any other clothing or to open the person's mouth, and nothing may be introduced into an orifice of the person's body;\n\t(c)\tany direct contact with the person's flesh that is necessary for the purpose of the search must be minimal and within the bounds of propriety;\n\t(d)\tthe person may be required to adopt certain postures or to do anything else reasonably necessary for the purposes of the search and, if the person does not comply with such a requirement, the manager may cause the person to be removed from the centre, using only such force as is reasonably necessary for the purpose;\n\t(e)\tthe search must be carried out expeditiously and undue humiliation of the person must be avoided;\n\t(f)\tthe manager of the centre must ensure that the gender of the person conducting the search is appropriate in the circumstances.\n\t(6)\tThe following provisions apply to a search under subregulation (2)(b):\n\t(a)\tthe person may be required—\n\t(i)\tto remove the person's outer clothing (including footwear, headwear and jackets) but no other clothing; and\n\t(ii)\tto open the person's mouth (but force cannot be applied to open the person's mouth); and\n\t(iii)\tto adopt certain postures; and\n\t(iv)\tto submit to a pat down search; and\n\t(v)\tto do anything else reasonably necessary for the purposes of the search,\nand, if the person does not comply with such a requirement, the manager may cause the person to be removed from the training centre, using only such force as is reasonably necessary for the purpose;\n\t(b)\tnothing may be introduced into an orifice (including the mouth) of the person's body;\n\t(c)\tat least 2 persons (apart from the person being searched) must be present at all times during the search;\n\t(d)\tthe search must be carried out expeditiously and undue humiliation of the person must be avoided;\n\t(e)\tthe manager of the centre must ensure that the gender of the person conducting the search is appropriate in the circumstances.\n\t(7)\tThe following provisions apply to a search under subregulation (2)(c):\n\t(a)\tthe driver of the vehicle may be required to do anything reasonably necessary for the purposes of the search;\n\t(b)\tif the driver does not comply with a requirement made under paragraph (a)—the manager may cause the driver and the vehicle to be refused entry to or removed from the training centre, using only such force as is reasonably necessary for the purpose.\n\t(8)\tIf a prohibited item is found as a result of screening or a search under this regulation, or a person fails to comply with a requirement lawfully made for the purposes of screening or a search under this regulation, the manager may cause the person or the driver of the vehicle (as the case may be) to be handed over into the custody of a police officer as soon as reasonably practicable and to be kept in detention until that happens.\n\t(9)\tIf the employee who carries out screening or a search of a person under this regulation suspects on reasonable grounds that a prohibited item may be concealed on or in the person's body, the manager may cause the person to be handed over into the custody of a police officer as soon as reasonably practicable and to be kept in detention until that happens.\n\t(10)\tOn a person being detained under subregulation (8) or (9), the manager must immediately cause a police officer to be notified.\n\t(11)\tDespite the preceding provisions of this regulation, if a person or vehicle may be detained under this regulation for the purposes of being searched, the manager may, instead, cause the person or vehicle to be refused entry to or removed from the training centre, using only such force as is reasonably necessary for the purpose.\n15—Mail\n\t(1)\tSubject to this regulation—\n\t(a)\tresidents of a training centre are entitled to receive and send letters; and\n\t(b)\tletters sent to residents of a centre must be handed to them as soon as reasonably practicable after delivery to the centre; and\n\t(c)\tletters sent by residents of a centre must be forwarded as soon as reasonably practicable.\n\t(2)\tA letter sent to or by a resident contravenes this regulation if it contains—\n\t(a)\ta threat of a criminal act; or\n\t(b)\ta proposal or plan to commit a criminal act, or to do anything towards the commission of a criminal act; or\n\t(c)\tan unlawful threat or demand; or\n\t(d)\tan incitement to violence, or material likely to inflame violence; or\n\t(e)\ta prohibited item; or\n\t(f)\ta sum of money, whether in cash or otherwise, or a request for any such sum, where the prior permission of the Chief Executive has not been obtained in respect of that sum or request; or\n\t(g)\ta request for any goods, without the prior permission of the Chief Executive; or\n\t(h)\ta statement that is in code; or\n\t(i)\tany other information or material that the Chief Executive considers to be inappropriate.\n\t(3)\tThe Chief Executive may cause all letters sent to or by residents of a training centre to be—\n\t(a)\topened and examined by an authorised officer; or\n\t(b)\tscreened by an authorised officer by means of x-ray or another electronic device,\nfor the purpose of determining whether a letter contravenes this regulation.\n\t(4)\tAn authorised officer may, for the purpose of perusing a letter opened by the officer that is in a language other than English, cause the letter to be translated.\n\t(5)\tSubject to subregulation (7), a letter sent by a resident of a training centre—\n\t(a)\tto the Independent Commissioner Against Corruption or the Office for Public Integrity; or\n\t(b)\tto the Police Ombudsman; or\n\t(c)\tto the Ombudsman; or\n\t(d)\tto a Member of Parliament; or\n\t(e)\tto the Health and Community Services Complaints Commissioner; or\n\t(f)\tto the Training Centre Review Board; or\n\t(g)\tto the Training Centre Visitor; or\n\t(h)\tto the Guardian for Children and Young Persons; or\n\t(i)\tto a legal practitioner at the practitioner's business address,\ncannot be opened under this regulation.\n\t(6)\tNothing in this regulation empowers an authorised officer to open a declaration vote sent by a resident of a training centre to a returning officer.\n\t(7)\tIf an authorised officer reasonably believes that a letter sent by a resident of a training centre to a person referred to in subregulation (5) contains a prohibited item, the officer may open the letter in the presence of the resident for the purpose of inspecting and, if appropriate, removing the item.\n\t(8)\tIf an authorised officer is satisfied on reasonable grounds that a letter sent to a resident of a training centre is from a person referred to in subregulation (5), the following provisions apply:\n\t(a)\tsubject to paragraph (b), the officer must not open the letter;\n\t(b)\tif the officer reasonably believes that the letter contains a prohibited item, then—\n\t(i)\tthe officer may—\n\t(A)\topen the letter in the presence of the resident for the purpose of inspecting and, if appropriate, removing the item; or\n\t(B)\treturn the letter to the sender unopened (unless the officer considers that it is unlawful for a person to possess the suspected prohibited item); and\n\t(ii)\tif the officer considers that it is unlawful for a person to possess the suspected prohibited item, the officer may provide the letter to an appropriate law enforcement authority.\n\t(9)\tIf a letter sent to a resident of a training centre (other than a letter from a person referred to in subregulation (5) that has not been opened by an authorised officer) is found to contravene this regulation, the Chief Executive may—\n\t(a)\tin the case of a letter—\n\t(i)\thand it over to the resident of the centre; or\n\t(ii)\tretain it and hand it over to the resident of the centre on release from the centre; or\n\t(iii)\tprovide a copy of it to the resident of the centre with any material that contravenes this regulation deleted from the copy, provided that the letter is handed over to the resident on release from the centre; or\n\t(iv)\tretain it as evidence of an offence, provided that a copy of it, or an expurgated copy of it, is handed over to the resident of the centre as soon as reasonably practicable, or on release from the centre; and\n\t(b)\tin the case of a prohibited item found in a letter—\n\t(i)\tcause the item to be destroyed; or\n\t(ii)\tretain it and hand it over to the resident of the centre on release from the centre; or\n\t(iii)\tretain it as evidence of an offence; or\n\t(iv)\treturn it to the sender; or\n\t(v)\tdispose of it in such other manner as the Chief Executive thinks fit; and\n\t(c)\tin the case of a sum of money—\n\t(i)\thold the money for as long as may be necessary for the purposes of ascertaining the identity of the sender and the circumstances of the payment; or\n\t(ii)\tcredit the whole, or part, of it to the resident of the centre; or\n\t(iii)\thold the whole, or part, of it on behalf of the resident of the centre and pay it over to the resident on release from the centre; or\n\t(iv)\treturn the whole, or part, of it to the sender; or\n\t(v)\tif the resident of the centre is not lawfully entitled to the money, and the identity or whereabouts of the sender cannot be ascertained—pay the money to the Treasurer as unclaimed money for the purposes of the Unclaimed Moneys Act 1891; or\n\t(vi)\tretain it as evidence of an offence.\n\t(10)\tIf a letter sent by a resident of a training centre is found to contravene this regulation, the Chief Executive may—\n\t(a)\tin the case of a letter—return it to the resident; and\n\t(b)\tin the case of a prohibited item found in a letter—\n\t(i)\tcause the item to be destroyed; or\n\t(ii)\tretain it and hand it over to the resident on release from the centre; or\n\t(iii)\tretain it as evidence of an offence; or\n\t(iv)\treturn it to the resident; or\n\t(v)\tforward it to the intended recipient; or\n\t(vi)\tdispose of it in such other manner as the Chief Executive thinks fit; and\n\t(c)\tin the case of a sum of money—\n\t(i)\thold it for as long as may be necessary for the purposes of ascertaining the circumstances of the payment; or\n\t(ii)\tretain it as evidence of an offence; or\n\t(iii)\tpay it into the Consolidated Account; or\n\t(iv)\tdisburse it in such other manner as the Minister may direct.\n\t(11)\tThe Chief Executive must advise a resident of a training centre in such manner as the Chief Executive thinks fit of any action taken under this regulation in respect of a letter, or anything contained in a letter, sent to or by the resident.\n\t(12)\tAn authorised officer must not, otherwise than as required by law or in the performance of duties, disclose to any other person the contents of any letter perused pursuant to this regulation.\n\t(13)\tIn this regulation—\nauthorised officer means an officer of the Department authorised by the Chief Executive for the purposes of this regulation, not being a person who is engaged in a position involving substantial day‑to‑day contact with residents of training centres.\n16—Telephone calls\n\t(1)\tThe Chief Executive may make rules relating to telephone communication by and with residents of training centres.\n\t(2)\tThe manager of a training centre must facilitate the taking or receiving of authorised telephone calls with residents of the centre in accordance with the rules.\n\t(3)\tTelephone communication between a resident and another person may be monitored by the manager of the training centre or an employee of the centre authorised by the manager to monitor telephone calls.\n\t(4)\tThe parties to a telephone communication that may be monitored must, at the commencement of the communication, be informed of that fact.\n\t(5)\tTelephone communication between a resident and—\n\t(a)\tthe Training Centre Visitor; or\n\t(b)\tthe Guardian for Children and Young Persons; or\n\t(c)\tthe Police Ombudsman; or\n\t(d)\tthe Ombudsman; or\n\t(e)\tthe Health and Community Services Complaints Commissioner; or\n\t(f)\ta Member of Parliament; or\n\t(g)\tthe Independent Commissioner Against Corruption; or\n\t(h)\tthe Office for Public Integrity; or\n\t(i)\ta legal practitioner who represents the resident, or who is communicating with the resident for the purpose of determining whether or not to represent the resident; or\n\t(j)\tanother person approved by the manager,\nmay not be monitored by an authorised officer.\n\t(6)\tThe exemption under subregulation (5) applies only if the manager of the training centre has, before the telephone communication occurs, authorised the communication.\n\t(7)\tIf a communication monitored under this regulation reveals information about an offence, the manager of the training centre must give the information to the Commissioner of Police.\n\t(8)\tIn this regulation—\nauthorised telephone call means a telephone call that is made or received by a resident of a training centre in accordance with the rules, or that has been specifically authorised by the manager of the centre.\nPart 6—Miscellaneous\n17—Residents' personal property\n\t(1)\tThe Chief Executive may make rules relating to the personal property of residents of training centres.\n\t(2)\tOn admission to a training centre, a youth must be permitted by the manager of the centre to retain such personal property as is allowed under the rules that is capable of being stored in a receptacle of a total volume of 1 000 litres.\n\t(3)\tThe manager of a training centre to which a youth is admitted must ensure that a record is made containing the following information:\n\t(a)\tthe name and age of the youth;\n\t(b)\tdetails of the personal property in the possession of the youth on admission;\n\t(c)\tif any such personal property is not allowed under the rules—details of that property and the manner in which the Chief Executive deals with or disposes of that property;\n\t(d)\tany other information specified in the rules by the Chief Executive.\n\t(4)\tThe Chief Executive has an absolute discretion to deal with or dispose of personal property other than that referred to in subregulation (2) as the Chief Executive thinks fit (for example, by returning it to the youth, selling, destroying or storing it).\n18—Application of section 21A of Act\n\t(1)\tFor the purposes of section 21A(2) of the Act, the following persons and classes of persons are prescribed:\n\t(a)\tpersons who will not have contact with children, in the course of employment in a training centre or other facility, or whose contact with children in the course of such employment is incidental;\n\t(b)\tpersons whose contact with children in the course of the person's employment in a training centre or other facility only occurs under the supervision of another employee (being an employee who has undergone an assessment under section 21A(1) of the Act);\n\t(c)\ta registered health practitioner to whom section 11 of the Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 applies;\n\t(d)\ta registered teacher to whom section 9 of the Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 applies;\n\t(e)\tpersons who, from time to time, are engaged by a training centre or other facility to provide maintenance or repair services,\nhowever those classes do not include a person who is a prohibited person under the Child Safety (Prohibited Persons) Act 2016.\n\t(5)\tIn this regulation—\nregistered health practitioner means a registered health practitioner under the Health Practitioner Regulation National Law (South Australia);\nregistered teacher means—\n\t(a)\ta registered teacher under the Teachers Registration and Standards Act 2004; or\n\t(b)\ta person who holds a current special authority to teach under that Act.\nLegislative history\nNotes\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 these regulations (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.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2016\n220\nGazette 8.9.2016 p3688 \n1.12.2016: r 2\n2018\n186\nGazette 5.7.2018 p2737\n22.10.2018: r 2\n2019\n221\nGazette 17.10.2019 p3531\n17.10.2019: r 2\n2020\n38\nGazette 2.4.2020 p664\n2.4.2020: r 2\n2020\n74\nGazette 21.5.2020 p2475\n21.5.2020: r 2\n2022\n9\nGazette 3.2.2022 p218\n3.2.2022: r 2\n2022\n78\nGazette 1.9.2022 p5832\n1.9.2022: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n22.10.2018\nr 18\ninserted by 186/2018 r 4\n22.10.2018\nr 18(1)\nvaried by 221/2019 r 4(1), (2)\n17.10.2019\nr 18(1a)\ninserted by 38/2020 r 4\n2.4.2020\n\nexpired: r 18(1b)—omitted under Legislation Revision and Publication Act 2002\n(30.9.2020)\n\ninserted by 9/2022 r 3\n3.2.2022\n\nwill expire: r 18(1b)\n(3.2.2023)\n\ndeleted by 78/2022 r 3\n1.9.2022\nr 18(1b)\ninserted by 74/2020 r 4\n21.5.2020\n\nomitted under Legislation Revision and Publication Act 2002\n3.2.2022\n\ninserted by 9/2022 r 3\n3.2.2022\n\ndeleted by 78/2022 r 3\n1.9.2022\nr 18(2)\nexpired: r 18(4)—omitted under Legislation Revision and Publication Act 2002\n(22.10.2019)\nr 18(3)\nexpired: r 18(4a)—omitted under Legislation Revision and Publication Act 2002\n(22.10.2020)\nr 18(4)\nsubstituted by 221/2019 r 4(3)\n17.10.2019\n\nomitted under Legislation Revision and Publication Act 2002\n21.5.2020\nr 18(4a)\ninserted by 221/2019 r 4(3)\n17.10.2019\n\nomitted under Legislation Revision and Publication Act 2002\n3.2.2022\nHistorical versions\n22.10.2018\n\n17.10.2019\n\n2.4.2020\n\n21.5.2020\n\n3.2.2022\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. The page returned an error due to a website migration that occurred around 24 March 2026, making the original URL incompatible with the current SA legislation website structure."},"complexity_factors":["No legislative text was retrieved — the source URL returned a 404 Page Not Found error","The document content consists entirely of website navigation elements and error messages, not statutory provisions","Complexity cannot be meaningfully assessed without the actual regulations","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"The Youth Justice Administration Regulations 2016 (SA) text is currently unreachable (site returned \"Page Not Found\"). They would regulate administration of services and supervision for young people in South Australia's youth justice system—likely covering detention centre operations, community supervision, reporting duties and procedural rules—and therefore affect young people, their families, youth justice staff and government agencies.\n\nTo obtain the regulations, search legislation.sa.gov.au, check AustLII, or email the Office of Parliamentary Counsel at OPCWeb@sa.gov.au."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"These regulations implement and operationalise powers in the Youth Justice Administration Act rather than expanding who may be detained. They prescribe procedures, decision‑makers and limits (manager and Chief Executive discretion, procedural safeguards and record‑keeping) and declare one corresponding external law for transfer purposes (r 4). The instrument clarifies operational scope and processes (regs 5–18) but does not, on its face, broaden the Act's substantive detention powers."},"complexity_factors":["Extensive list of 'prohibited items' with many categories and technical references (r 3(2))","Multiple, tiered conditions, time limits and approval steps for isolation and segregation, including manager and Chief Executive approvals (r 6, r 7)","Discretionary rule‑making and procedural authority vested in the Chief Executive and managers (r 3 'rules'; r 6(8); r 7(5); r 8(4); r 17(1))","Detailed operational requirements for use of mechanical restraints and drug testing including training, observation intervals and hygiene standards (r 8(5); r 10(1)–(2))","Search, detention and police‑handover powers with consent and non‑consent pathways and safeguarding limits (r 14)","Complex communication and mail regimes with specified exemptions, translation and evidentiary handling, plus confidentiality limits (r 15, r 16)","Cross‑references to other statutes and external bodies (Controlled Substances Act 1984; Classification Act 1995; various oversight offices) increasing interpretive load (r 3(2), r 15(5), r 16(5))","Record‑keeping, notification and reporting obligations tied to age and cultural status (r 6(9); r 7(4)(d)(i)–(iv))","Regulatory history and expiry/variation entries that affect current content and require attention to amendments"],"plain_english_summary":"These regulations set out how youth training centres in South Australia must operate: when and how staff may isolate, segregate or mechanically restrain residents; how drug testing and therapeutic drug use are handled; rules for visits, searches, mail and telephone monitoring; and how personal property is managed. They primarily affect detained youths (who face restrictions and monitoring), centre managers and authorised officers (who exercise discretion) and the Chief Executive (who establishes procedures), and impose training, record‑keeping and notification duties on staff (see regs 5–18)."},"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 regulations appear to maintain their original scope as operational rules for youth detention centres. While there have been amendments (particularly to regulation 18 regarding working with children checks), these represent refinements within the original framework rather than scope creep. The core subject matter—isolation, segregation, restraints, drug testing, visitors, and mail—remains consistent with the enabling Act's purpose."},"complexity_factors":["Extensive cross-referencing to the parent Act (Youth Justice Administration Act 2016) and other legislation (Controlled Substances Act 1984, Dangerous Substances Act 1979, Classification Act 1995, etc.)","Nested conditional logic with multiple thresholds: isolation limits escalate from 30 minutes → 3 hours → 24 hours with different approval levels required at each stage","Detailed prohibited items list with 24 sub-categories (regulation 3(2)), including recursive definitions ('unauthorised data storage device' defined by reference to preceding paragraphs)","Multiple exceptions to exceptions in mail handling (regulation 15): general rule (can open) → exception (privileged correspondence cannot be opened) → exception to exception (can open if suspect prohibited item) → further procedural rules for each scenario","Segregation rules contain 6 distinct notification requirements and 6 distinct record-keeping requirements in a single subregulation (7(4))","Drug testing procedures are largely delegated to Chief Executive 'procedures' rather than specified in the regulations themselves, creating indeterminacy","Visitor search provisions distinguish between 3 types of searches (electronic screening, limited contact search, full search) with different procedural safeguards for each","Regulation 18 contains complex transitional provisions referencing specific sections of amending Acts with multiple expiry dates (visible in legislative history)"],"plain_english_summary":"These regulations set out the detailed rules for how youth detention centres (called 'training centres') operate in South Australia. They cover:\n\n**Who it affects:** Young people aged 10-18 who are detained in these centres, their families, visitors, and staff.\n\n**What it does:**\n\n- **Protects Aboriginal and Torres Strait Islander cultural rights** (Part 2): Requires staff to respect cultural identity, allow participation in ceremonies, consult with Indigenous organisations, and recruit Indigenous staff.\n\n- **Controls isolation and segregation** (Part 3): Strictly limits when young people can be locked away from others or put on restricted regimes. Isolation (short-term lock-up) can only last 3 hours without senior approval, max 24 hours in exceptional circumstances. Segregation (longer-term separation) cannot exceed 22 hours per day without special justification. Both require regular checks, records, and cannot be used as punishment.\n\n- **Regulates mechanical restraints** (Part 3): Physical restraints can only be used as a last resort to prevent immediate harm or escape, must be approved types, used by trained staff, and checked every 15 minutes.\n\n- **Sets drug testing rules** (Part 4): Allows alcohol breath tests and urine tests, with specific procedures to protect dignity and hygiene. Defines what counts as legitimate medical drug use.\n\n- **Manages visitors and communication** (Part 5): Guarantees at least 2 visits per week, sets rules for searching visitors, controls mail (with special protections for letters to lawyers, ombudsmen, and MPs), and allows phone call monitoring (except for privileged communications).\n\n- **Handles personal property** (Part 6): Limits what young people can keep in their rooms (1,000 litre storage limit) and records what happens to confiscated items.\n\n- **Screens workers** (Part 6): Exempts certain workers (like supervised contractors or registered health professionals) from full child safety checks if they have limited or supervised contact with children.\n\n**Why it matters:** These rules balance security needs with protecting vulnerable children in state care. The strict limits on isolation, segregation and restraints reflect lessons from past abuses in youth detention. The Aboriginal and Torres Strait Islander Principle recognises the over-representation of Indigenous youth in detention and tries to reduce cultural disconnection that can worsen outcomes."}},"importantCases":[],"_links":{"self":"/api/acts/youth-justice-administration-regulations-2016","history":"/api/acts/youth-justice-administration-regulations-2016/history","analysis":"/api/acts/youth-justice-administration-regulations-2016/analysis","conflicts":"/api/acts/youth-justice-administration-regulations-2016/conflicts","importantCases":"/api/acts/youth-justice-administration-regulations-2016/important-cases","documents":"/api/acts/youth-justice-administration-regulations-2016/documents"}}