Page 257 - Week 01 - Thursday, 29 November 2012
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The government agreed with the intent of this recommendation while drawing a distinction between unplanned use of force—for example, when used in response to an escalating or dangerous situation—and the planned use of force such as during an escort to court or an appointment out of the detention place.
The proposed amendment will strengthen the statutory requirement to report the use of force to a doctor or nurse, except for planned use of force for escort purposes outside of the Bimberi Youth Justice Centre when this is determined to be necessary, such as when the young person is a flight risk.
While the amendment does not require notification as a matter of course for this type of use of force, the young person retains the option to see a doctor or nurse after the event. All other events that may require the use of force during an escort will continue to be reported. In addition, use of force within the Bimberi Youth Justice Centre would be reported.
The amendment maintains current requirements around the use of force including that the circumstances are sufficiently serious to justify the use of force, ensuring that the kind of restraint is appropriate in the circumstances and the restraint is used appropriately in the circumstances.
Madam Speaker, I note that the scrutiny of bills committee considered the bill in May of this year. In its report No 53, the committee raised a concern in relation to use of force provisions contained in the bill. I propose to amend clause 4 managing use of force to address concerns raised by the committee. These amendments will be done before the bill is debated early next year.
Secondly, the concerns raised relating to the use of strip searches and body searches to maintain good order at a youth detention place are also addressed in the amendment bill. As it currently stands, strip searching of young detainees can only be undertaken when the director-general suspects on reasonable grounds that the young detainee has an item concealed that is prohibited, or that poses a risk to personal safety, or to ensure the security or good order at a detention place as outlined in section 258 of the Children and Young People Act.
Currently, body searches of young detainees can only be undertaken when the director-general reasonably suspects the young detainee has ingested or inserted something that may be harmful to themselves, or that the young detainee has a prohibited item concealed in their body that may be, and poses, a substantial risk to security at the centre or good order at the youth detention place as outlined in section 264 of the Children and Young People Act.
The use of strip searches was considered by the Human Rights Commission as part of its review of the ACT youth justice system. Given the impact that strip searches have on young people, especially young people who have been the subject of abuse or trauma, the commission recommended the removal of good order as it applies to strip searches. The government has agreed with this recommendation.
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