QLDIn ForceAct
Youth Justice Act 1992
sec.301FWhen is detention centre adversely affected by disaster
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### sec.301F When is detention centre adversely affected by disaster
A detention centre is adversely affected by a disaster that has happened, is happening or is likely to happen if—
the disaster, or the impact or likely impact of the disaster, poses an imminent serious risk to the life, health or safety of detainees or staff at a detention centre; and
it is necessary to evacuate all or some of the detainees or staff from the detention centre to protect their lives, health or safety.
An area that is not currently flooded is predicted to be flooded in a number of days because of heavy rains falling in the area and flood waters flowing downstream to the area.
A detention centre is also adversely affected by a disaster that has happened if—
the disaster or the impact of the disaster—
has caused widespread or severe loss of, or damage to, property at the detention centre; or
has caused widespread or severe damage to the environment in the area in which the detention centre is located; or
poses a serious risk to the life, health or safety of detainees or staff at the detention centre; and
because of the loss or damage, or risk, it is not possible, or likely not to be possible, for the chief executive to ensure—
the security and management of the detention centre; or
the safe custody and wellbeing of the detainees at the detention centre.
s 301F ins 2023 No. 14 s 48
(sec.301F-ssec.1) A detention centre is adversely affected by a disaster that has happened, is happening or is likely to happen if— the disaster, or the impact or likely impact of the disaster, poses an imminent serious risk to the life, health or safety of detainees or staff at a detention centre; and it is necessary to evacuate all or some of the detainees or staff from the detention centre to protect their lives, health or safety. An area that is not currently flooded is predicted to be flooded in a number of days because of heavy rains falling in the area and flood waters flowing downstream to the area.
(sec.301F-ssec.2) A detention centre is also adversely affected by a disaster that has happened if— the disaster or the impact of the disaster— has caused widespread or severe loss of, or damage to, property at the detention centre; or has caused widespread or severe damage to the environment in the area in which the detention centre is located; or poses a serious risk to the life, health or safety of detainees or staff at the detention centre; and because of the loss or damage, or risk, it is not possible, or likely not to be possible, for the chief executive to ensure— the security and management of the detention centre; or the safe custody and wellbeing of the detainees at the detention centre.
- (a) the disaster, or the impact or likely impact of the disaster, poses an imminent serious risk to the life, health or safety of detainees or staff at a detention centre; and
- (b) it is necessary to evacuate all or some of the detainees or staff from the detention centre to protect their lives, health or safety.
- (a) the disaster or the impact of the disaster— (i) has caused widespread or severe loss of, or damage to, property at the detention centre; or (ii) has caused widespread or severe damage to the environment in the area in which the detention centre is located; or (iii) poses a serious risk to the life, health or safety of detainees or staff at the detention centre; and
- (i) has caused widespread or severe loss of, or damage to, property at the detention centre; or
- (ii) has caused widespread or severe damage to the environment in the area in which the detention centre is located; or
- (iii) poses a serious risk to the life, health or safety of detainees or staff at the detention centre; and
- (b) because of the loss or damage, or risk, it is not possible, or likely not to be possible, for the chief executive to ensure— (i) the security and management of the detention centre; or (ii) the safe custody and wellbeing of the detainees at the detention centre.
- (i) the security and management of the detention centre; or
- (ii) the safe custody and wellbeing of the detainees at the detention centre.
- (i) has caused widespread or severe loss of, or damage to, property at the detention centre; or
- (ii) has caused widespread or severe damage to the environment in the area in which the detention centre is located; or
- (iii) poses a serious risk to the life, health or safety of detainees or staff at the detention centre; and
- (i) the security and management of the detention centre; or
- (ii) the safe custody and wellbeing of the detainees at the detention centre.