The Regulations lay out specific recordkeeping, procedural and operational steps. The compliance advice below is practical and tied to particular regulatory obligations; it is suitable for frontline officers, detention centre managers, supervising officers, legal representatives and policy teams.
For police conducting youth interviews (r 3)
- Ensure each youth interview record includes the particulars listed in r 3: confirmation the youth was informed of the right to silence; whether the youth elected silence or answered questions; if legal advice was requested, document the efforts to contact the youth’s legal practitioner; confirm the youth was informed of the right to contact a friend, relative, responsible adult or support person; and if such contact was requested, set out the efforts made and the name and contact details of the person contacted.
- Use standardised electronic or paper templates replicating r 3 language to avoid omissions. Retain copies linked to the charging Form 1 (Schedule 2) and court file.
For supervising officers managing community work orders (Parts 3)
- Maintain an attendance register that records hours worked, reasons for non-attendance, exemption requests, and any direction to cease work (r 7, r 8, rr 12-13).
- Before assigning work, ensure identity verification and record the youth’s name and the project supervisor (r 7(1)(b)). Keep written reports for the CEO on attendance, attitude and conduct (r 7(1)(c)).
- Enforce r 10 prohibitions on alcohol and drugs; if a youth is suspected to be under the influence, direct cessation under r 11 and report to the CEO under r 12. Ensure the youth receives the required notice if suspended (r 13).
- Supply and record protective clothing and confirm footwear meets the “closed shoes” minimum where required (r 16). Record rest and meal breaks as time worked (r 18).
- Account for travel time where transportation between reporting points and worksites is used (r 17).
For CEOs and Superintendents (Parts 3 and 5)
- Publish determinations and rules of the detention centre where detainees can access them and ensure explanations are provided to those who cannot read (r 31).
- Prepare and keep the admission register particulars and photographs in the form required by r 33; apply r 34 destruction requirements where a detainee is discharged without conviction or acquitted.
- Establish and maintain a complaints register and process that complies with r 66-67, including referral to the Children’s Commissioner where appropriate under r 66(5A).
- Implement the Emergency Management Protocol for at-risk detainees, ensure observation-room checks, rip-proof bedding, 15-minute observation entries, removal of potentially harmful items and provision of fluids and food (r 42). Maintain individual management plans prepared by medical practitioners as required by r 43.
For community youth justice officers and those supervising alternative detention (Part 4)
- Ensure alternative detention orders clearly state the premises and any permitted leave, and follow r 25 on permitted attendance for employment, education, religious worship and medical treatment.
- Implement monitoring and surveillance systems consistent with r 26, including acceptance of calls and device-based monitoring where required, and ensure youth consent to monitoring is recorded where required by the Act and the order’s conditions.
- When directing tests under r 26(5), ensure a prescribed test as defined in r 28AB is used and that samplers are authorised under r 28AD-28AF.
For testing and medical sampling (Part 4AA)
- Use only the persons authorised under rr 28AD-28AF to take samples and ensure analysis is undertaken by the persons prescribed (r 28AF(2)). Train staff to record chain-of-custody and sample handling details so that evidentiary certificates under r 28AG may be issued and relied upon.
- Where breath analysis is performed, confirm the instrument is a prescribed breath analysis instrument as defined under the Traffic Act 1987 and confirm the operator is authorised under that Act or CEO-approved (r 28AE).
- Ensure health practitioners and phlebotomists meet the training and registration standards cited in r 28AA for taking blood samples.
For detention-centre operational compliance (Part 5)
- Carry out comprehensive medical and health assessments within 24 hours of admission (r 57). Keep interim assessment records where a medical practitioner is not immediately available (r 57(2)-(3)).
- Implement clothing and dietary provisions that comply with r 61-62, including non-uniform clothing and age-appropriate nutrition.
- Keep visitor records (r 45) and ensure legal representative visits are not monitored, except that visits may be placed in view but not hearing of staff where the Superintendent directs (r 47(2)-(3)). Maintain visitor ID and search protocols (r 48).
- Maintain search registers and ensure searches observe dignity and gender rules (r 73-74).
For recordkeeping and evidence (multiple regs)
- Use standardised templates and logs for: admission registers (r 33), search registers (r 74), complaints register (r 67), separation journals (rr 71-72, 71A), monitoring observation logs for at-risk detainees (r 42(2)(c)), and testing chain-of-custody and evidence certificates (r 28AG).
- Where the CEO or Superintendent exercises discretion, record the decision, reasons and any supporting evidence or certificates. Where the Regulations require posting or giving copies to detainees (r 31(3)), keep proof of posting or handover.
For legal representatives and advocates
- Verify that legal visits are recorded as non-monitored (r 47(2)), and if a detainee alleges restricted access or inspection of protected legal mail, check r 55 and request written explanations or CEO directions where mail has been opened under r 55(2).
Administrative practice and training
- Provide training modules to staff that cover the short timeframes (24-hour exemption windows, 72-hour medical certificates, 24-hour medical assessment on admission), gender-sensitive search procedures, sample-taking authorisations, and the use and issuance of evidentiary certificates.
- Coordinate with local health services, policing and forensic labs to ensure authorised samplers and analysts are available, and document contingency plans where capacity is limited.
Audit and oversight
- Schedule periodic audits of registers and compliance with monitoring intervals and medical assessment timeframes. Use the CEO’s determinations as the basis for internal rulebooks and ensure copies are posted in detention centres as required (r 31(2)), updating detainees when rules change (r 31(5)).
This checklist links a specific regulatory citation to a practical action. Compliance is largely about timely records, authorised personnel for high-risk procedural steps (tests, medical sampling), and documenting discretionary decisions by the CEO and Superintendent to create defensible administrative files.