166Requirements and considerations about placement and

166 Requirements and considerations about placement and separation of young detainees (1) A youth detention policy or operating procedure may make provision, consistent with this section, in relation to the placement and separation of young detainees, including separation for— (a) use of facilities; and (b) participation in education or other activities. (2) In placing a young detainee, the director-general must ensure that— (a) young remandees are segregated from other young detainees; and (b) male young detainees are segregated from female young detainees; and (c) a young detainee who is under 18 years old is not placed with an (3) Subsection (2) does not apply if the director-general believes on reasonable grounds that another placement will be in the best interests of all affected detainees. (4) When deciding where to place a young detainee, the director-general must consider the following: (a) the needs and special requirements of the young detainee because of the young detainee’s age, sex, emotional or psychological state, physical health, cultural background, vulnerability or any other relevant matter; (b) if it is proposed that a young detainee be isolated in detention, whether the isolation is in the best interests of the young detainee;

(c) the desirability of the care provided to a young detainee being suited to the particular needs of the young detainee in order to protect the young detainee’s physical and emotional wellbeing; (d) that it is in the best interests of young detainees to be separated from co-offenders. (5) When deciding where to place a young detainee, the director-general may also consider any security classification given to the young detainee under section 163.

Part 6.5 Living conditions at detention Note to pt 6.5 Anything expressed in this part to be an entitlement for ch 8 (Criminal matters— discipline at detention places) is not affected by anything that happens under that chapter.