sec.16Managing child’s behaviour

sec.16 Managing child’s behaviour

A child detained in a detention centre must comply with a reasonable instruction given to the child by a detention centre employee for maintaining the security or good order of the centre or ensuring the safety of a child in the centre. If a child detained in a detention centre does not comply with an instruction mentioned in subsection (1) , or otherwise misbehaves, the chief executive may discipline the child. The chief executive must ensure the misbehaviour is disciplined in a way that— respects the child’s dignity; and has regard to— the nature of the misbehaviour; and the reason, if any, given by the child for the misbehaviour; and the child’s age and maturity; and the child’s cultural background or beliefs; and any trauma experienced by the child that the chief executive knows about and believes may have contributed to the misbehaviour; and any vulnerability of the child that the chief executive knows about. The chief executive must not use, as a way of disciplining the child— corporal punishment; or physical contact; or an act that involves humiliation, physical abuse, emotional abuse or sustained verbal abuse; or deprivation of sleep, food or visitors; or withholding letters or other mail sent to or from the child; or withholding access to a telephone or other means of communication; or exclusion from cultural, educational or vocational programs; or medication or deprivation of medication. A detention centre employee may use reasonable force to protect a child, or other persons or property in the centre, from the consequences of a child’s misbehaviour if— the employee has successfully completed physical intervention training approved by the chief executive; and the employee reasonably believes the child, person or property can not be protected in another way. If a detention centre employee uses force as mentioned in subsection (5) the chief executive must ensure a record is made of the use of the force. (sec.16-ssec.1) A child detained in a detention centre must comply with a reasonable instruction given to the child by a detention centre employee for maintaining the security or good order of the centre or ensuring the safety of a child in the centre. (sec.16-ssec.2) If a child detained in a detention centre does not comply with an instruction mentioned in subsection (1) , or otherwise misbehaves, the chief executive may discipline the child. (sec.16-ssec.3) The chief executive must ensure the misbehaviour is disciplined in a way that— respects the child’s dignity; and has regard to— the nature of the misbehaviour; and the reason, if any, given by the child for the misbehaviour; and the child’s age and maturity; and the child’s cultural background or beliefs; and any trauma experienced by the child that the chief executive knows about and believes may have contributed to the misbehaviour; and any vulnerability of the child that the chief executive knows about. (sec.16-ssec.4) The chief executive must not use, as a way of disciplining the child— corporal punishment; or physical contact; or an act that involves humiliation, physical abuse, emotional abuse or sustained verbal abuse; or deprivation of sleep, food or visitors; or withholding letters or other mail sent to or from the child; or withholding access to a telephone or other means of communication; or exclusion from cultural, educational or vocational programs; or medication or deprivation of medication. (sec.16-ssec.5) A detention centre employee may use reasonable force to protect a child, or other persons or property in the centre, from the consequences of a child’s misbehaviour if— the employee has successfully completed physical intervention training approved by the chief executive; and the employee reasonably believes the child, person or property can not be protected in another way. (sec.16-ssec.6) If a detention centre employee uses force as mentioned in subsection (5) the chief executive must ensure a record is made of the use of the force.