287Meaning of behaviour breach

287 Meaning of behaviour breach (1) Each of the following is a behaviour breach: (a) contravening a direction by the director-general under this Act; Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (b) being in a prohibited area without the director-general’s Note An area may be prohibited under s 147. (c) smoking; (d) taking (in any way) alcohol, a prohibited substance or an unauthorised medicine into the young detainee’s body; (e) providing a positive test sample for alcohol or a drug when directed, under this Act, to provide a test sample; (f) making, possessing, concealing, knowingly consuming or dealing with a prohibited thing, without the director-general’s (g) gambling; (h) being disrespectful or abusive towards a youth detention officer in a way that undermines the officer’s authority; (i) being disrespectful or abusive towards another person; (j) intentionally or recklessly engaging in conduct that endangers, or may endanger, the health or safety of the young detainee or anyone else; (k) fighting; (l) assaulting someone else; (m) theft;

(n) possessing stolen property; (o) possessing or dealing in things without the director-general’s (p) intentionally or recklessly damaging or destroying property belonging to someone else; (q) interfering with property belonging to someone else, without approval by the owner of the property; (r) creating or participating in a disturbance, or other activity, likely to endanger security or good order at a detention place; (s) contravening a condition of a leave permit under section 241 or an interstate leave permit under section 242; (t) doing anything for the purpose of escaping, or assisting a young detainee to escape, from detention; (u) offering, giving or taking a bribe; (v) planning, conspiring or attempting, or assisting anyone else planning, conspiring or attempting, to commit a behaviour breach; (w) threatening to do anything mentioned in paragraphs (j), (k), (l), (p) or (r); (x) anything else prescribed by regulation. Example—director-general direction—par (a) contravening a direction by the director-general to submit to a search under this Act medicine—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 11. prohibited substance—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 13.

unauthorised medicine—a medicine is an unauthorised medicine for a young detainee if— (a) the medicine is not prescribed for the young detainee; or (b) the director-general has not approved the use of the medicine by the young detainee under section 187.