493Rights of children and young persons placed in isolation

493 Rights of children and young persons placed in isolation

(1) In addition to the custodial rights, all children and young persons have the following rights when in isolation—

(a) the child or young person has the right to access open air and outdoors for a minimum of one hour each day;

(b) the child or young person has the right to timely information about the expected duration of the period of isolation and any changes relating to the child's or young person's isolation;

(c) any prescribed right.

(2) The Commissioner for Youth Justice may determine not to give effect to a right referred to in subsection (1) in an individual case if—

(a) it would not be safe for the Commissioner to give effect to that right; or

(b) the Commissioner is not reasonably able to give effect to that right; or

(c) the child or young person declines to receive the right.

(3) In determining not to give effect to a right referred to in subsection (1), the Commissioner for Youth Justice must consider—

(a) all reasonably available alternative means of meeting the right, including through the assistance of all reasonably available technology; and

(b) the child's or young person's individual risks, needs and wellbeing; and

(c) the security of the youth justice custodial centre; and

(d) the safety, health and wellbeing of other children and young persons in the youth justice custodial centre, staff and any other person present at the youth justice custodial centre, having regard to any relevant medical, mental health, disability, behavioural or developmental advice; and

(e) any applicable official health or mental health directive.

(4) Nothing in this section affects the application of the custodial rights to a child or young person who is in isolation.

Division 4—Search of child or young person held in custody in a youth justice custodial centre or of youth justice custodial centre