Youth Justice Act 2024
589Actions to be taken after child held in custody in police gaol is subjected to use of force under this Part
Start here
Get a plain-English read of 589
Turn the raw legal text into a practical explanation grounded in Youth Justice Act 2024.
589 Actions to be taken after child held in custody in police gaol is subjected to use of force under this Part
(1) If a child held in custody in a police gaol is reasonably suspected of being injured or having been injured in the course of being subjected to the use of force or if the child otherwise requests medical attention or examination after being subjected to the use of force, as soon as reasonably practicable after that use of force, a police gaol officer must ensure that—
(a) the child is examined by a health practitioner; and
(b) the child receives the medical attention and mental health care that the child requires.
(2) A health practitioner who carries out an examination under subsection (1) must record any clinical observations made during the examination.
(3) A police gaol officer must notify a parent of a child subjected to any use of force while held in custody in a police gaol as soon as practicable after the use of force if—
(a) the child is injured; or
(b) the child requests that a parent be notified.
(4) As soon as practicable after a child is subjected to any use of force while held in custody in a police gaol, a police gaol officer must offer the child the opportunity to contact or be seen by—
(a) in the case of an Aboriginal child—
(i) a support person or support provider, including an Aboriginal organisation or a member of the child's Aboriginal community as requested by the child; or
(ii) a support person or support provider that the officer in charge of the police gaol considers appropriate; and
(b) in any case, a support person, support provider or member of the child's family.
(5) Despite subsection (3), a police gaol officer is not required to notify a parent of the child if—
590 Actions to be taken after child or young person in custody of transfer officer under transfer authority is subjected to use of force under this Part
(1) If a child or young person is reasonably suspected of being injured or having been injured in the course of being subjected to the use of force while in the custody of a transfer officer under a transfer authority or if the child or young person otherwise requests medical attention or examination after being subjected to that use of force, as soon as reasonably practicable after that use of force, a transfer officer must ensure that—
(a) the child or young person is examined by a health practitioner; and
(b) the child or young person receives the medical attention and mental health care that the child or young person requires.
(2) A health practitioner who carries out an examination under subsection (1) must record any clinical observations made during the examination.