sec.33Chief executive’s power to deal with property in detention centre

sec.33 Chief executive’s power to deal with property in detention centre

This section applies to property that is— brought into a detention centre by a child after the child is admitted to the centre; or brought into a detention centre for a child in the centre by a visitor to the centre; or sent to a child in a detention centre in a letter or other mail; or made in a detention centre by a child; or found after conducting a search of a child under section 24 , 24A , 25 or 26 . The chief executive may examine the property and, after examining the property— keep the property in safe custody while the child is detained in the centre; or return the property to a person to whom it belongs; or allow the child to keep the property for the child’s use; or dispose of the property if the chief executive believes it is— perishable; or unhygienic or dangerous and poses an immediate risk to the health or safety of a person in the detention centre; or transfer the property to another person for the purpose of an investigation or legal proceeding; or impose restrictions on the use or possession of the property if it is a thing declared by the chief executive by written notice to be a restricted article. Subsections (4) to (6) apply in relation to the property if the chief executive— believes the property is unhygienic or dangerous but does not pose an immediate risk to the health or safety of a person in the detention centre; and believes it would not be reasonable to take steps to make the property hygienic or safe; and proposes to dispose of the property. The chief executive must give the child a written notice stating the following— the chief executive proposes to dispose of the property; the facts and circumstances that are the basis for the decision; that the child may make, within 7 days after the day the notice is given (the submission period ), submissions to show why the property should not be disposed of; that the child may consult a lawyer, community visitor (child) or child advocacy officer about the proposed disposal before making the submissions. The chief executive must ensure the information in the notice is explained to the child in a way, and to an extent, that is reasonable, having regard to the child’s age and ability to understand. If, after considering all submissions made within the submission period, the chief executive still believes the property should be disposed of, the chief executive may dispose of the property. s 33 amd 2024 SL No. 232 s 11 (sec.33-ssec.1) This section applies to property that is— brought into a detention centre by a child after the child is admitted to the centre; or brought into a detention centre for a child in the centre by a visitor to the centre; or sent to a child in a detention centre in a letter or other mail; or made in a detention centre by a child; or found after conducting a search of a child under section 24 , 24A , 25 or 26 . (sec.33-ssec.2) The chief executive may examine the property and, after examining the property— keep the property in safe custody while the child is detained in the centre; or return the property to a person to whom it belongs; or allow the child to keep the property for the child’s use; or dispose of the property if the chief executive believes it is— perishable; or unhygienic or dangerous and poses an immediate risk to the health or safety of a person in the detention centre; or transfer the property to another person for the purpose of an investigation or legal proceeding; or impose restrictions on the use or possession of the property if it is a thing declared by the chief executive by written notice to be a restricted article. (sec.33-ssec.3) Subsections (4) to (6) apply in relation to the property if the chief executive— believes the property is unhygienic or dangerous but does not pose an immediate risk to the health or safety of a person in the detention centre; and believes it would not be reasonable to take steps to make the property hygienic or safe; and proposes to dispose of the property. (sec.33-ssec.4) The chief executive must give the child a written notice stating the following— the chief executive proposes to dispose of the property; the facts and circumstances that are the basis for the decision; that the child may make, within 7 days after the day the notice is given (the submission period ), submissions to show why the property should not be disposed of; that the child may consult a lawyer, community visitor (child) or child advocacy officer about the proposed disposal before making the submissions. (sec.33-ssec.5) The chief executive must ensure the information in the notice is explained to the child in a way, and to an extent, that is reasonable, having regard to the child’s age and ability to understand. (sec.33-ssec.6) If, after considering all submissions made within the submission period, the chief executive still believes the property should be disposed of, the chief executive may dispose of the property.