Today the Territory Labor Government passed amendments to the Youth Justice Act which will clarify and tighten the existing framework for managing safety and security risks within the youth detention centres.
The amendments will provide youth detention centre staff with a clear and unambiguous framework for exercising their powers, and will enable them to have a very clear guideline in their decision making when responding to dangerous and challenging situations.
The amendments include:
Clarify the circumstances in which force and restraints may be used, to account for situations where detainees may act in a way that threatens the safety or security of a detention centre, but not in a way that presents an imminent risk
Create a consistent test to determine what is a reasonable use of force and restraints
Clarify the meaning of an emergency situation, which is relevant to the general application of all uses of force
Clarify the definition of separation
Enable screening and pat down searches of detainees in a broader range of circumstances
Include an express power to transfer a detainee from one detention centre to another
The amendments will remove any uncertainty around the operation of existing powers in the legislation, for both youth detention centre staff and detainees.
The amendments will apply retrospectively to the date in which the original provisions of the Act commenced (May 2018). This will remove any doubt about the original intention of these key provisions in the legislation.
As stated by Minister for Territory Families, Dale Wakefield
The Territory Labor Government is creating generational change and safer communities by overhauling the Youth Justice system and putting at-risk young people back on track.
The safety of youth detention staff and detainees is absolutely paramount. These amendments will help to better manage security risks that puts lives in danger.
Last year we amended the Youth Justice Act to ensure that force, restraints and isolation could not be used for the purpose of disciplining a young person in detention.
The new amendments provide clarity by removing ambiguities in the Act to ensure that youth detention staff can better respond to serious and dangerous incidents. Laws often need adjusting to reflect operational realities.
