NTIn ForceAct
Youth Justice Act 2005
155Use of restraint devices
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155 Use of restraint devices
(1) The Regulations may prescribe a device that may be used to
restrain a detainee.
(2) The superintendent of a detention centre or a person authorised by
the superintendent may appropriately use a permitted restraint on a
detainee if the superintendent or authorised person believes on
reasonable grounds that restraint is necessary to:
(a) prevent a risk of the detainee:
(i) inflicting self-harm; or
(ii) harming another person; or
(iii) damaging property; or
(iv) escaping, or attempting to escape, from lawful detention;
or
(b) prevent the detainee from engaging in conduct that would:
(i) endanger the safety of any person who is within the
precincts of the detention centre, including the detainee;
or
(ii) threaten the good order or security of the detention
centre; or
(c) conduct a search of a detainee under section 161; or
(d) arrest a detainee under section 167(1); or
(e) take a detainee to a detention centre or another place under
section 167A.
Youth Justice Act 2005 101
(2A) The superintendent of a detention centre or a person authorised by
the superintendent may also appropriately use a permitted restraint
on a detainee when escorting the detainee outside a detention
(2B) The superintendent or person authorised by the superintendent
may use the force that is reasonably necessary to appropriately use
the permitted restraint.
Note for subsection (2B)
appropriately use means using a restraint:
(a) in the least restrictive or invasive way reasonable in the
circumstances; and
(b) for the amount of time reasonable in the circumstances; and
(c) in accordance with a determination made by the CEO under
the Regulations in relation to the use of permitted restraints.