482Form of care, custody or treatment

482 Form of care, custody or treatment (1) The Secretary must— (a) determine the form of care, custody or treatment which he or she considers to be in the best interests of each person detained in a remand centre, youth residential centre or youth justice centre; and (b) not detain in a community service or secure welfare service a person who is on remand or is serving a period of detention and is not released on parole; and (c) separate persons who are on remand from those who are serving a period of detention by accommodating them separately in some part set aside for the purpose unless— (i) the Secretary considers it appropriate not to separate them, having regard to the best interests, rights and entitlements of the persons on remand; and S. 482(1)(c)(ii) substituted by No. 43/2017 s. 32. (ii) either— (A) the persons on remand consent; or (B) the persons on remand have previously served a period of detention, it is in the best interests of each person on remand to be accommodated with persons who are serving a period of detention and it is reasonably necessary to accommodate persons on remand with persons who are serving a period of detention; and (d) separate persons held on remand who are under the age of 15 years from those held on remand who are of or above the age of 15 years unless exceptional circumstances exist. (2) Persons detained in remand centres, youth residential centres or youth justice centres— (a) are entitled to have their developmental needs catered for; (b) subject to section 501, are entitled to receive visits from parents, relatives, legal practitioners, persons acting on behalf of legal practitioners and other persons; (c) are entitled to have reasonable efforts made to meet their medical, religious and cultural needs including, in the case of Aboriginal children, their needs as members of the Aboriginal community; (d) are entitled to receive information on the rules of the centre in which they are detained that affect them and on their rights and responsibilities and those of the officer in charge of the centre and the other staff; (e) are entitled to complain to the Secretary or the Ombudsman about the standard of care, accommodation or treatment which they are receiving in the centre; (f) are entitled to be advised of their entitlements under this subsection. (3) It is the responsibility of the Secretary to make sure that subsection (2) is complied with and he or she must, at least once each year, report to the Minister on the extent of compliance with subsection (2). Part 5.8—Persons in detention Ch. 5 Pt 5.8 Div. 1AA (Heading and ss 482A, 482B) inserted by No. 54/2011 s. 4. Division 1AA—Preliminary S. 482A inserted by No. 54/2011 s. 4.