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Youth Justice Act 2005
158EMedical separation
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158E Medical separation
centre if:
(a) a medical practitioner advises the superintendent that:
(i) the detainee is suffering from an infectious disease; and
(ii) separation is reasonably necessary to mitigate the risk to
the health of other detainees; or
(b) the superintendent believes on reasonable grounds that:
(i) the detainee is suffering from an infectious disease; and
(ii) separation is reasonably necessary to mitigate the risk to
the health of other detainees.
(2) The superintendent must report the separation of a detainee under
this section to the CEO as soon as reasonably practicable after the
separation occurs.
(3) A detainee separated under subsection (1)(b) must be examined by
a medical practitioner as soon as practicable after the detainee is
separated under that provision.
(4) As soon as practicable after a detainee is separated under this
(5) If a detainee is separated under this section:
(a) members of the staff of the detention centre must have
regular, ongoing contact with the detainee for the purpose of
monitoring the physical and mental health and wellbeing of the
(b) if it is safe and reasonably practicable to do so, the detainee
must be permitted to have contact with the following:
(i) one or more family members;
(ii) a medical practitioner;
(iii) a counsellor or psychologist;
(iv) a case worker;
Youth Justice Act 2005 106
(v) a legal practitioner;
(vi) an adult nominated by the detainee; and
(c) the detainee must be given access to the following:
(i) basic human necessities including toilets, food, clean
drinking water, showers and sunlight;
(ii) if it is safe to do so, education, education materials and
appropriate recreation materials, including reading
materials; and
(d) if the period of separation exceeds 3 hours and it is safe to do
so – the detainee must be given access to outdoor exercise or
recreation for at least 15 minutes of every 3 hours between
8 am and 6 pm.
(6) A detainee must be released from separation under this section in
the following circumstances:
(a) on the direction of a medical practitioner;
(b) if the superintendent no longer believes separation is
reasonably necessary.
Note for section 158E
Under section 174, the superintendent of a detention centre is required to comply
with the direction of a medical practitioner in relation to the health of a detainee.