New South Wales Consolidated Acts

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 158

Physical restraint of child or young person

158 Physical restraint of child or young person

(1) This section applies if, in the opinion of the relevant carer of a child or young person, the child or young person is behaving in such a manner that, unless restrained, he or she might seriously injure himself or herself or another person.
(2) In circumstances to which this section applies, the relevant carer:
(a) may restrain the child or young person, but only on a temporary basis and only to the extent necessary to prevent injury to any person, and
(b) may seize and take from the child or young person:
(i) any weapon or other thing that is being used by the child or young person in a dangerous manner, and
(ii) any alcohol, and
(iii) any illegal substance, and
(iv) any other thing, the deprivation of which is necessary to prevent the child or young person from causing injury to any person.
(3) If a child or young person is restrained under this section, the restraint must be consistent with any behaviour management requirements of a care plan applying to the child or young person, otherwise reasonable force may be used.
(4) The Secretary may specify procedures that may be followed for the purposes of this section.
(5) A relevant carer who acts in accordance with this section or any procedure specified by the Secretary for the purposes of this section, and who is able to satisfy the court on the balance of probabilities that his or her actions were reasonable in all the circumstances of the case, is immune from any criminal or civil liability that arises as a consequence of so acting.
(6) In this section, the
"relevant carer" of a child or young person means:
(a) a parent of the child or young person, or
(b) the authorised carer of the child or young person, or
(c) a person who is providing voluntary out-of-home care in respect of a child or young person.



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