sec.301HPlace selected to be temporary detention centre

### sec.301H Place selected to be temporary detention centre A place selected to be a temporary detention centre for a disaster-affected detention centre must be the place that, in the circumstances and in the chief executive’s opinion, is the most suitable place to be used as a temporary detention centre of the places available to be used for that purpose of which the chief executive is aware. In forming an opinion about a place under subsection (1) , the chief executive must consider the following matters— the nature of the disaster and its impact on the disaster-affected detention centre; how urgently, and for how long, a place is likely to be required to be a temporary detention centre; the number of children who are likely to be required to be detained in a temporary detention centre and the programs and services the children are likely to require; the places that are available to be used as a temporary detention centre; for each place available to be used as a temporary detention centre of which the chief executive is aware— the purpose for which the place is ordinarily used; and the uses of the place that are allowed under a planning law, including an instrument or approval, or condition imposed, under a planning law; and the facilities available at the place to accommodate children who may be detained at the place, to provide programs and services to the children and to secure the place as a temporary detention centre; and the purposes for which other places in the same area are ordinarily used and the impact that the use of the place as a temporary detention centre will have on the use of the other places; and the impact on the use of other places in the same area for residential purposes, a school, child care centre or aged care facility the impact of additional traffic and car parking requirements on road use in the same area the impact of noise or outdoor security lighting on the use of other places in the same area the extent to which the youth justice principles would be able to be complied with in relation to each child detained at the place; and the extent to which the place is compatible with the human rights of the detainees, staff of the disaster-affected detention centre and individuals in the community. In this section— planning law means— the Economic Development Act 2012 ; or the Planning Act 2016 ; or the State Development and Public Works Organisation Act 1971 . s 301H ins 2023 No. 14 s 48 (sec.301H-ssec.1) A place selected to be a temporary detention centre for a disaster-affected detention centre must be the place that, in the circumstances and in the chief executive’s opinion, is the most suitable place to be used as a temporary detention centre of the places available to be used for that purpose of which the chief executive is aware. (sec.301H-ssec.2) In forming an opinion about a place under subsection (1) , the chief executive must consider the following matters— the nature of the disaster and its impact on the disaster-affected detention centre; how urgently, and for how long, a place is likely to be required to be a temporary detention centre; the number of children who are likely to be required to be detained in a temporary detention centre and the programs and services the children are likely to require; the places that are available to be used as a temporary detention centre; for each place available to be used as a temporary detention centre of which the chief executive is aware— the purpose for which the place is ordinarily used; and the uses of the place that are allowed under a planning law, including an instrument or approval, or condition imposed, under a planning law; and the facilities available at the place to accommodate children who may be detained at the place, to provide programs and services to the children and to secure the place as a temporary detention centre; and the purposes for which other places in the same area are ordinarily used and the impact that the use of the place as a temporary detention centre will have on the use of the other places; and the impact on the use of other places in the same area for residential purposes, a school, child care centre or aged care facility the impact of additional traffic and car parking requirements on road use in the same area the impact of noise or outdoor security lighting on the use of other places in the same area the extent to which the youth justice principles would be able to be complied with in relation to each child detained at the place; and the extent to which the place is compatible with the human rights of the detainees, staff of the disaster-affected detention centre and individuals in the community. (sec.301H-ssec.3) In this section— planning law means— the Economic Development Act 2012 ; or the Planning Act 2016 ; or the State Development and Public Works Organisation Act 1971 . - (a) the nature of the disaster and its impact on the disaster-affected detention centre; - (b) how urgently, and for how long, a place is likely to be required to be a temporary detention centre; - (c) the number of children who are likely to be required to be detained in a temporary detention centre and the programs and services the children are likely to require; - (d) the places that are available to be used as a temporary detention centre; - (e) for each place available to be used as a temporary detention centre of which the chief executive is aware— (i) the purpose for which the place is ordinarily used; and (ii) the uses of the place that are allowed under a planning law, including an instrument or approval, or condition imposed, under a planning law; and (iii) the facilities available at the place to accommodate children who may be detained at the place, to provide programs and services to the children and to secure the place as a temporary detention centre; and (iv) the purposes for which other places in the same area are ordinarily used and the impact that the use of the place as a temporary detention centre will have on the use of the other places; and Examples of the impact of the use of the place as a temporary detention centre on other places— • the impact on the use of other places in the same area for residential purposes, a school, child care centre or aged care facility • the impact of additional traffic and car parking requirements on road use in the same area • the impact of noise or outdoor security lighting on the use of other places in the same area (v) the extent to which the youth justice principles would be able to be complied with in relation to each child detained at the place; and (vi) the extent to which the place is compatible with the human rights of the detainees, staff of the disaster-affected detention centre and individuals in the community. - (i) the purpose for which the place is ordinarily used; and - (ii) the uses of the place that are allowed under a planning law, including an instrument or approval, or condition imposed, under a planning law; and - (iii) the facilities available at the place to accommodate children who may be detained at the place, to provide programs and services to the children and to secure the place as a temporary detention centre; and - (iv) the purposes for which other places in the same area are ordinarily used and the impact that the use of the place as a temporary detention centre will have on the use of the other places; and Examples of the impact of the use of the place as a temporary detention centre on other places— • the impact on the use of other places in the same area for residential purposes, a school, child care centre or aged care facility • the impact of additional traffic and car parking requirements on road use in the same area • the impact of noise or outdoor security lighting on the use of other places in the same area - • the impact on the use of other places in the same area for residential purposes, a school, child care centre or aged care facility - • the impact of additional traffic and car parking requirements on road use in the same area - • the impact of noise or outdoor security lighting on the use of other places in the same area - (v) the extent to which the youth justice principles would be able to be complied with in relation to each child detained at the place; and - (vi) the extent to which the place is compatible with the human rights of the detainees, staff of the disaster-affected detention centre and individuals in the community. - (i) the purpose for which the place is ordinarily used; and - (ii) the uses of the place that are allowed under a planning law, including an instrument or approval, or condition imposed, under a planning law; and - (iii) the facilities available at the place to accommodate children who may be detained at the place, to provide programs and services to the children and to secure the place as a temporary detention centre; and - (iv) the purposes for which other places in the same area are ordinarily used and the impact that the use of the place as a temporary detention centre will have on the use of the other places; and Examples of the impact of the use of the place as a temporary detention centre on other places— • the impact on the use of other places in the same area for residential purposes, a school, child care centre or aged care facility • the impact of additional traffic and car parking requirements on road use in the same area • the impact of noise or outdoor security lighting on the use of other places in the same area - • the impact on the use of other places in the same area for residential purposes, a school, child care centre or aged care facility - • the impact of additional traffic and car parking requirements on road use in the same area - • the impact of noise or outdoor security lighting on the use of other places in the same area - (v) the extent to which the youth justice principles would be able to be complied with in relation to each child detained at the place; and - (vi) the extent to which the place is compatible with the human rights of the detainees, staff of the disaster-affected detention centre and individuals in the community. - • the impact on the use of other places in the same area for residential purposes, a school, child care centre or aged care facility - • the impact of additional traffic and car parking requirements on road use in the same area - • the impact of noise or outdoor security lighting on the use of other places in the same area - (a) the Economic Development Act 2012 ; or - (b) the Planning Act 2016 ; or - (c) the State Development and Public Works Organisation Act 1971 .