Youth Justice Act 1997
25JReporting of use of force
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25J Reporting of use of force
[Section 25J of Part 3 Inserted by No. 14 of 2022, s. 6, Applied:01 Dec 2022]
(1) A search officerwho has conducted a search of a youth in a custodial facility must, if force used during the conduct of the search is reportable force, provide to the person in charge of the facility a report containing the information, in relation to the search, that is specified, in the relevant instruction in relation to the custodial facility, to be required to be included in such a report.
(2) A person conducting a search of a youth must provide under subsection (1) the report in relation to the search as soon as practicable after the search is conducted but in any case within 7 days after the search is conducted.
(3) For the purposes of this section, reportable force, in relation to a youth, is –
(a) force used in the course of a search of the youth; and
(b) force used, before the search is conducted, to enable the search to be conducted –
but does not include excluded force in relation to the youth.
(4) For the purposes of this section, each of the following is excluded force in relation to a youth:
(a) touching of the youth that is not for the purpose of restraining the youth so as to enable the search to occur and that is incidental to the conduct of the search;
(b) force, including the application and use of handcuffs or physical restraint, used to ensure that the youth –
(i) remains in custody; or
(ii) moves to a place where the search is to commence, remains in a place where the search has commenced or moves to a place after the search has been conducted –
unless the touching or force is such that the person conducting the search had reasonable grounds to believe, or ought reasonably to have been aware, that the touching or force has caused or may cause an injury to the youth.
(5) Nothing in this section is to be taken to limit a provision of another Act that requires a person to provide a report in relation to a search that is specified in or under another Act.