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Youth Justice Act 2005
158FBehavioural separation
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158F Behavioural separation
centre if:
(a) the superintendent believes on reasonable grounds that
separation is reasonably necessary for the detainee's
protection or the protection of another person or property; and
(b) either:
(i) all reasonable behavioural or therapeutic measures to
resolve the situation have been attempted and those
measures have failed to resolve the situation; or
(ii) an emergency situation exists; and
(c) no other course of action is reasonably practicable.
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(2) The superintendent must report the separation of a detainee under
this section to the CEO and the Children's Commissioner as soon
as reasonably practicable after the separation occurs.
(3) The superintendent must not authorise the separation of a detainee
under this section for a period exceeding 12 hours without the
CEO's approval and, if the period exceeds 12 hours, the CEO's
approval must be given in respect of each successive 12 hour
period.
(4) A detainee must not be separated under this section for more than
72 consecutive hours.
(5) As soon as practicable after a detainee is separated under this
(6) A detainee must be examined by a medical practitioner within a
reasonable time either before or after separation under this section
unless it is not safe to do so.
(7) 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;
(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;
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(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.
(8) A detainee must be released from separation under this section if
the superintendent no longer believes separation is reasonably
necessary.