Youth Justice Administration Regulations 2016 (SA)

South Australia Youth Justice Administration Regulations 2016 under the Youth Justice Administration Act 2016

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Declaration of corresponding law—transfer of youths under detention Part 2—Aboriginal and Torres Strait Islander Youth Justice Principle 5 Aboriginal and Torres Strait Islander Youth Justice Principle Part 3—Circumstances in which otherwise prohibited actions allowed 6 Circumstances in which isolation of residents of training centres allowed 7 Circumstances in which segregation of residents of training centres allowed 8 Circumstances in which use of mechanical restraints allowed Part 4—Drugs and drug testing 9 Interpretation 10 Drug testing procedures 11 Therapeutic use of drugs Part 5—Visitors and communication 12 Visitors other than official or professional visitors 13 Visits by professional visitors 14 Power to search visitors 15 Mail 16 Telephone calls Part 6—Miscellaneous 17 Residents' personal property 18 Application of section 21A of Act Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Youth Justice Administration Regulations 2016. 3—Interpretation (1) In these regulations— Act means the Youth Justice Administration Act 2016; liquor means any beverage that, at 20 degrees Celsius, contains more than 1.15% alcohol by volume and includes any other substance that comprises, constitutes, contains or may be converted into that beverage; prohibited item—see subregulation (2); rules means the rules made by the Chief Executive under section 26 of the Act— (a) relating to the management of a training centre; or (b) regulating the conduct of residents of a training centre. (2) For the purposes of these regulations, if permission for the introduction of any of the following items into a training centre has not been given by the manager of the centre, the item is taken to be a prohibited item in relation to the centre: (a) a substance that is— (i) a prescription drug; or (ii) a controlled drug; or (iii) a controlled plant, under the Controlled Substances Act 1984; (b) a syringe or needle; (c) a device capable of being used for the administration of a controlled drug by means of the drawing of smoke or fumes (resulting from the heating or burning of the drug or substance), including a device known as a bong; (d) any— (i) flammable, corrosive or toxic substance that is a dangerous substance under the Dangerous Substances Act 1979; or (ii) liquor; or (iii) paint; or (iv) oil; or (v) acid or alkali; or (vi) glue; or (vii) herbicide, fungicide or insecticide; (e) a pressurised spray canister; (f) an explosive, explosive device or incendiary device, or any substance or device that can be used in the manufacture of an explosive or incendiary device; (g) a device designed to fire bullets, shot or other projectiles by means of burning propellant or by means of compressed air or other compressed gas; (h) a device or instrument designed or commonly used, or that has been or is capable of being adapted or modified, for the purpose of— (i) inflicting bodily injury or harm on a person or causing a person to fear infliction of bodily injury or harm; or (ii) assisting a resident to escape from a training centre; (i) a book, diagram, plan or other document, or audio or video recording, or any other material of any kind, that instructs, teaches or otherwise guides a person— (i) how to make an item referred to in a preceding paragraph; or (ii) about a method of escaping from a training centre or causing an insurrection, riot or other disturbance at a training centre; (j) publications, films or computer games classified RC, X 18+ or R 18+ under the Classification (Publications, Films and Computer Games) Act 1995; (k) indecent material within the meaning of section 33 of the Summary Offences Act 1953; (l) offensive material within the meaning of section 33 of the Summary Offences Act 1953; (m) a camera or other device capable of capturing or recording images (whether digitally or on film or tape); (n) a mobile telephone, mobile telephone accessory or other device that may be used to make or receive a telephone call; (o) a 2‑way radio (also known as a walkie talkie); (p) a device that includes a modem or other device enabling it to transmit or receive data to or from a network of computers; (q) an unauthorised data storage device; An unauthorised data storage device means a data storage device that has not been specifically authorised by the manager, but does not include a data storage device of a kind referred to in a preceding paragraph or a data storage device containing only a film or computer game classified G under the Classification (Publications, Films and Computer Games) Act 1995. (r) a tool; (s) a wire, rope, cord or twine; (t) a mirror, glass or ceramic item; (u) a backpack, handbag or any other bag; (v) a pram, pusher or bassinette; (w) an item or substance for grooming, cosmetic or toiletry purposes; (x) any other item for personal use. 4—Declaration of corresponding law—transfer of youths under detention For the purposes of Part 4 Division 7 of the Act, the Youth Justice Act 2005 of the Northern Territory is declared to be a law corresponding to that Division.