481Commissioner for Youth Justice may authorise placing of child or young person in isolation

481 Commissioner for Youth Justice may authorise placing of child or young person in isolation

(1) Subject to subsection (3), the Commissioner for Youth Justice may authorise the use of isolation in relation to a child or young person held in custody in a youth justice custodial centre if the Commissioner for Youth Justice believes on reasonable grounds that—

(a) the use of isolation is necessary—

(i) to prevent or respond to an immediate threat of the child or young person harming themselves or any other person in the youth justice custodial centre, or seriously damaging property; or

(ii) as part of a planned approach to support the stabilisation or moderation of the behaviour of the child or young person, having regard to any relevant medical, mental health, disability, behavioural or developmental advice; or

(iii) to prevent, detect or mitigate serious risk to the health of the child or young person, or any other person present in the youth justice custodial centre, in accordance with—

(A) any relevant current pandemic order under the Public Health and Wellbeing Act 2008 relating to any infectious disease; or

(B) any current recommendation made by, or current advice of, the Chief Health Officer or the Health Secretary relating to any infectious disease; or

(C) any other relevant medical or mental health advice given by a registered medical practitioner; or

(iv) in the interests of the security or safe operation of the youth justice custodial centre; and

(b) the use of isolation is appropriate in the circumstances.

(2) In deciding whether the use of isolation under subsection (1) is appropriate, the Commissioner for Youth Justice, to the extent reasonably practicable, must have regard to the child's or young person's individual characteristics and background including—

(a) age, maturity and stage of development; and

(b) gender; and

(c) cultural background or status as an Aboriginal child or young person; and

(d) physical and mental health; and

(e) disability; and

(f) history of trauma, placement in out of home care or family violence.

(3) The Commissioner for Youth Justice must not authorise the use of isolation under this section unless the Commissioner is satisfied that all other reasonably practicable behavioural, relational, therapeutic or alternative measures have first been attempted.