New South Wales Consolidated Regulations

CHILDREN (DETENTION CENTRES) REGULATION 2015

- Made under the Children (Detention Centres) Act 1987
- As at 30 October 2023
- Reg 474 of 2015

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - ADMINISTRATION

   4.      General routines
   5.      Admission of detainees
   6.      Information to be given to detainees
   7.      Classification of detainees
   7A.     Designation of national security interest detainees
   7B.     National security interest detainees may be detained separately from each other
   8.      Health and medical attention
   9.      Maintenance of physical well-being of detainees
   10.     Segregation of detainees for protection
   11.     Wearing of uniform clothing
   11A.    Searching of detainees
   12.     Property
   13.     Books, newspapers, magazines and other printed material
   14.     Radios and other electronic equipment
   15.     Unauthorised possession of property
   16.     Disposal of property
   17.     Records to be kept concerning property
   18.     Education and training
   19.     Access to programs

   PART 3 - CASE PLANS FOR DETAINEES

   20.     Case plans to be prepared for all detainees
   21.     Contents of case plan
   22.     Linguistic and cultural factors to be considered
   23.     Detainee may participate in development of case plan

   PART 4 - VISITS AND COMMUNICATIONS

           Division 1 - Visits

   24.     Visiting days and times
   25.     Visits by relatives and friends
   26.     Visits by legal practitioners and their clerks
   27.     Visits by diplomatic or consular representatives
   28.     Visits by Official Visitor and Ombudsman
   29.     Visits to Aboriginal persons and Torres Strait Islanders
   30.     Other visits
   30A.    Visits to national security interest detainees
   31.     Procedure for visits
   32.     Articles not to be conveyed between visitors and detainees
   33.     Refusal and termination of visits
   34.     Removal of face coverings by visitors
   35.     Searching of visitors
   36.     Unauthorised use of cameras or recording equipment
   37.     Banning orders
   38.     Review of decision to make banning order

           Division 2 - Letters and parcels

   39.     Written communication with detainees
   40.     Inspection of mail and parcels
   41.     Correspondence with exempt bodies and persons
   42.     Communication with detainees and inmates in other detention centres and correctional centres

           Division 3 - Telephone communications

   43.     Telephone calls generally
   44.     Monitoring of telephone calls
   45.     Termination of telephone calls

           Division 4 - Communications with staff members

   46.     Requests to speak to centre manager or other juvenile justice officer

   PART 5 - COMPLAINTS

   47.     Definitions
   48.     Who may make a complaint
   49.     How complaints may be made
   50.     Who may deal with complaints
   51.     How complaints to be dealt with
   52.     Representation of complainants
   53.     Complainant to be notified of certain matters
   54.     Review of decision on complaint
   55.     Complaints registers
   56.     Information to be recorded in complaints register
   57.     (Repealed)

   PART 6 - LEAVE

   58.     Definitions
   59.     Matters to be taken into account before leave granted
   60.     Day leave
   61.     Overnight leave

   PART 7 - MAINTENANCE OF ORDER

           Division 1 - Order generally

   62.     Definitions
   63.     Order generally
   64.     Use of dogs to assist in detection of prohibited goods
   65.     Use of force
   66.     Reports on use of force

           Division 2 - Testing for alcohol or drugs

   67.     Breath testing whether or not alcohol use suspected
   68.     Evidence as to presence of alcohol or intoxicating substance
   69.     Urine or saliva sample where drug use suspected
   70.     Urine or saliva sample whether or not drug use suspected
   71.     Evidence as to use of drugs
   72.     Supply of test results to Justice Health

   PART 8 - MISBEHAVIOUR

           Division 1 - Misbehaviour generally

   73.     Punishments for misbehaviour
   74.     Misbehaviour
   75.     Allegations of misbehaviour
   76.     Visits by prescribed persons

           Division 2 - Misbehaviour dealt with otherwise than by the Children's Court

   77.     Application of Division
   78.     Allegations of misbehaviour
   79.     Inquiry to be held
   80.     Adjournments
   81.     Procedure after guilty plea
   82.     Procedure after not guilty plea
   83.     Procedure generally
   84.     Misbehaviour occurring in other detention centres
   85.     Transfer of inquiries
   86.     Recording of punishment

           Division 3 - Misbehaviour to be dealt with by the Children's Court

   87.     Application of Division
   88.     Allegations of misbehaviour
   89.     Notice of hearing

   PART 9 - PAROLE

   90.     Definitions
   91.     Preparation of reports by juvenile justice officer
   92.     Parole orders
   93.     Parole order to be explained to juvenile offender
   94.     Standard conditions of parole
   95.     Supervision conditions
   96.     Suspension of supervision conditions
   97.     Changes to conditions of parole order
   98.     Revocation of parole order before release
   99.     Intention to refuse parole
   100.    Decision to refuse parole following reconsideration
   101.    Revocation of parole order and reconsideration of revocation
   102.    Decision on reconsideration of revocation
           103, 104. (Repealed)
   105.    Arrest warrants
   106.    Warrants of commitment
   107.    Delegation of functions
   107A.   Serious offenders about whom State may make submissions
   107B.   Children's Court to supply documents for submissions
   107C.   Records of proceedings

   PART 10 - CONDUCT OF JUVENILE JUSTICE OFFICERS REGARDING ALCOHOL AND PROHIBITED DRUGS

           Division 1 - Preliminary

   108.    Interpretation
   109.    Appointment of authorised persons

           Division 2 - Obligations of juvenile justice officers

   110.    Juvenile justice officers must not have prescribed concentration of alcohol in breath or blood
   111.    Juvenile justice officers must not have prohibited drug present in biological material

           Division 3 - Testing of juvenile justice officers

   112.    Testing of juvenile justice officers
   113.    General rules for the provision or taking of certain samples
   114.    Breath testing and breath analysis of juvenile justice officers
   115.    Restrictions on requiring breath test, breath analysis or non-invasive sample
   116.    Action to be taken with respect to blood samples
   117.    Action to be taken with respect to non-invasive samples
   118.    Analysis of samples

           Division 4 - Evidence

   119.    Definitions
   120.    Certificate evidence of concentration of alcohol in breath or blood determined by breath test or breath analysis
   121.    Certificate evidence of concentration of alcohol in blood other than in relation to a breath test or breath analysis
   122.    Certificate evidence of presence of a prohibited drug
   123.    Certificate evidence of appointment of authorised person

           Division 5 - Consequences

   124.    Disciplinary action
   125.    Refusing to comply with a requirement under Division 2 of Part 4A of the Act
   126.    Double jeopardy
   127.    Immediate action: juvenile justice officer relieved from duty

           Division 6 - Offences

   128.    Interfering with results of test
   129.    Interfering or tampering with, or destroying, samples

   PART 11 - JUSTICE HEALTH MATTERS

   130.    Examination of detainees
   131.    Detainees with serious health problems
   132.    Mental illness
   133.    Detainee's diet, exercise and treatment
   134.    Medical records
   135.    Infectious diseases
   136.    Death of detainees

   PART 12 - SPIRITUAL WELFARE

   137.    Definition
   138.    Religious denomination of detainees
   139.    Accreditation of chaplains
   140.    Privileges of accredited chaplains
   141.    Responsibilities of accredited chaplains
   142.    Powers of accredited chaplains
   143.    Non-accredited ministers of religion
   144.    Participation of detainees in religious observances
   145.    Use of chapels
   146.    Accredited chaplains may advise committees
   147.    Accredited chaplaincy services generally
   148.    Exclusion of ministers of religion on grounds of security

   PART 12A - DISCLOSURES AND EXCHANGE OF INFORMATION

   148AA.  Definitions
   148AB.  Purposes for which Secretary may disclose information
   148AC.  Exchange of information with National Disability Insurance Scheme Launch Transition Agency
   148A.   Exchange of information with Commissioner of Fines Administration

   PART 13 - MISCELLANEOUS

   149.    Report on inspection of detention centre by officer
   150.    Returns relating to persons detained for trial or appeal
   151.    Accommodation of children in detention centres
   152.    Attendance at youth justice conferences
   153.    Juvenile justice officers may be searched
   153A.   Unlawful possession of remotely piloted aircraft
   153B.   Unlawful possession and operation of remotely piloted aircraft within prohibited airspace
   154.    Savings
   155.    Conditions--transitional provision
   156.    Construction of references in certain existing parole orders relating to juvenile offenders
   157.    (Repealed)
           SCHEDULE 1
           SCHEDULE 2