Children, Youth and Families Amendment Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Children, Youth and Families Amendment Regulations 2011 S.R. No. 152/2011 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal regulations 2 5 Regulation 30 substituted 2 30 Approved dogs 2 6 Regulation 32 substituted and new regulations 32A and 32B inserted 2 32 Article or thing not allowed in youth justice facilities 2 32A Prescribed requirements for conducting searches 2 32B Prescribed requirements for seizure register 4 7 Schedule 5 revoked 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 152/2011 Children, Youth and Families Act 2005 Children, Youth and Families Amendment Regulations 2011 The Governor in Council makes the following Regulations: Dated: 13 December 2011 Responsible Minister: MARY WOOLDRIDGE Minister for Community Services MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to make amendments to the Children, Youth and Families Regulations 2007 required as a consequence of the commencement of the Children, Youth and Families Amendment (Security of Youth Justice Facilities) Act 2011. 2 Authorising provision These Regulations are made under section 600 of the Children, Youth and Families Act 2005. 3 Commencement These Regulations come into operation on 19 December 2011. -- 2 of 7 -- S.R. No. 152/2011 Children, Youth and Families Amendment Regulations 2011 2 Authorised by the Chief Parliamentary Counsel 4 Principal regulations In these Regulations, the Children, Youth and Families Regulations 2007 1 are called the Principal Regulations. 5 Regulation 30 substituted For regulation 30 of the Principal Regulations substitute— "30 Approved dogs For the purposes of the definition of approved dog in section 482A of the Act, a dog is an approved dog if it has completed a training programme approved by the Secretary or the Secretary to the Department of Justice in the previous 12 months.". 6 Regulation 32 substituted and new regulations 32A and 32B inserted For regulation 32 of the Principal Regulations substitute— "32 Article or thing not allowed in youth justice facilities For the purposes of section 488AD(3)(a)(v) of the Act, lighters, matches and unauthorised electronic equipment are things not allowed. 32A Prescribed requirements for conducting searches (1) For the purposes of section 488AD(6)(c) of the Act, the prescribed requirements are that an officer carrying out a search must— (a) ensure that the search is not conducted by more officers than reasonably necessary to ensure the safety of the officers and the person being searched; and r. 4 -- 3 of 7 -- S.R. No. 152/2011 Children, Youth and Families Amendment Regulations 2011 3 Authorised by the Chief Parliamentary Counsel (b) in the case of a strip search— (i) conduct the search in a private place or an area that provides reasonable privacy for the detainee being searched; and (ii) subject to section 488AC(3) of the Act, not touch the detainee's body; and (iii) allow the detainee to dress in private immediately after the search is finished; and (iv) if an item of clothing is seized from a detainee, provide the detainee with appropriate clothing to wear; and (v) enter information in a register in accordance with subregulation (2). (2) The officer in charge must establish and maintain a register that includes the following information in relation to each strip search carried out— (a) the name of the detainee who is subjected to the strip search; and (b) the name of the officer in charge or person authorised by the officer in charge who caused the strip search to be conducted; and (c) the reason for the strip search; and (d) the date and time the strip search was conducted; and (e) the name and gender of all officers present at any time during the strip search; and r. 6 -- 4 of 7 -- S.R. No. 152/2011 Children, Youth and Families Amendment Regulations 2011 4 Authorised by the Chief Parliamentary Counsel (f) details of any article or thing seized during the strip search. 32B Prescribed requirements for seizure register (1) For the purposes of section 488F(2) of the Act, the prescribed information to be entered in the seizure register is— (a) the name of the person from whom the article or thing was seized (if known); and (b) the date and time of the seizure; and (c) a description of the article or thing seized; and (d) details of the discovery of the article or thing; and (e) the name and signature of the officer who seized the article or thing; and (f) details of the manner in which the article or thing was dealt with. (2) For the purposes of section 488GD(2) of the Act, the prescribed details to be recorded in the seizure register are— (a) the date, time and manner of disposal; and (b) the name and position of the officer in charge or person authorised by the officer in charge in respect of the disposal; and (c) the names and signatures of the officers carrying out the disposal.". r. 6 -- 5 of 7 -- S.R. No. 152/2011 Children, Youth and Families Amendment Regulations 2011 5 Authorised by the Chief Parliamentary Counsel 7 Schedule 5 revoked Schedule 5 to the Principal Regulations is revoked. ═══════════════ r. 7 -- 6 of 7 -- S.R. No. 152/2011 Children, Youth and Families Amendment Regulations 2011 6 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 21/2007 as amended by S.R. Nos 159/2009, 67/2010 and 105/2010. Endnotes -- 7 of 7 --