NT Passes Bill Legislating The Use of Restraints In Youth Detention Facilities
Thursday 2 June 2016 @ 11.31 a.m. | Crime
The Youth Justice Amendment Bill 2016 has passed the Northern Territory Assembly. The Bill allows for “approved restraints” to be used on detainees in appropriate circumstances.
Introducing the Bill into the Assembly, NT Attorney-General Elferink said:
“In recent years, children in custody have become increasingly violent, dangerous and irresponsible. Recent critical incidents in youth detention centres demonstrate the legislative impediments upon government to adequately provide for the safety of detainees, members of detention centre staff and the public. Without urgent legislative change there are grave concerns that a detainee, member of detention centre staff or a member of the public may be seriously injured. The bill provides that detainees, members of staff and the public will benefit from increased safety and security in circumstances where it is necessary to use mechanical devices to restrict the movement of a detainee.”
Approved Restraint Use
The Bill allows the “appropriate” use of an approved restraint to protect a detainee from self-harm, or to protect the safety of another person, under new subsection 152(1A) of the Youth Justice Act. “Appropriate” use is defined as:
“using the restraint:
(a) in the least restrictive or invasive way reasonable in the circumstances; and
(b) for the minimum amount of time reasonable in the circumstances.”
The Bill also allows restraints to be used “if the superintendent is of the opinion that an emergency exists, or that restraining a detainee would reduce a risk to the good order or security of the detention centre” under a revised subsection 153(4) and for escorting detainees under a new section 155. Staff will have to keep a register of when the restraint is used and the reason for its use.
Concerns about Bill
Labor spokesperson Natasha Fyles told ABC News they had “strong concerns” around the legislation, which they felt was “poorly drafted”:
“The Minister actually spoke of restraint chairs, which we had strong concerns about.
We also had concerns around the level of staff training and the delegations of powers.”
Mr Elferink told ABC News that “staff would undergo training before they could use the various restraints”. A media release from the Northern Territory Government said:
“The Department of Correctional Services has established the Youth Detention Restraint Practice Advisory Group to oversee restraint practices in youth detention. The Group will provide guidance to the Commissioner in relation to the establishment of a Schedule of Approved Restraints. Members of the group include, representatives from Police, the Department of Children and Families, Education, Health and Correctional Services. The Northern Territory Children’s Commissioner will be an ad hoc member of the Group.”
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Sources:
Youth Justice Amendment Bill 2016 & 2R Speech - available from TimeBase's LawOne service
Restraint chairs with cable ties approved for youths in NT (James Oaten, ABC News, 26 May 2016)
