Young Offenders Regulations 1995 (WA)

Western Australia Young Offenders Act 1994 Young Offenders Regulations 1995 Western Australia Young Offenders Regulations 1995 Contents Part 1 — Preliminary 1. Citation 1 2. Terms used 1 Part 2 — Form of written statement given to a young person not represented by a legal practitioner 3. Form of written statement given to a young person not represented by a legal practitioner 1 Part 3 — Youth community based orders and intensive youth supervision orders Division 2 — Taking of body samples 9. Taking of body samples 1 Division 3 — Attendance conditions 10. Proposed agenda 1 Division 4 — Community work conditions 11. Terms used in this Division 1 12. Offender subject to community work conditions 1 13. Maximum number of hours to be worked in any day 1 14. Safe working environment and safe manner of work 1 15. Authorised breaks counted as work 1 16. Certain breaks allowed and counted as work 1 17. Offender not required to work if supervising officer or overseer fails to arrive unless alternative arrangements made 1 18. Certain substances prohibited 1 19. Offender under the influence of alcohol etc. 1 20. Offender not to possess weapon, and confiscation 1 21. Offender not to drive vehicle unless authorised 1 22. Offender may be excused from work 1 23. Offender ill or injured while performing work 1 24. Supervising officer to notify responsible adult 1 25. Offender unable to attend to perform work because of illness 1 Division 5 — Supervision conditions 26. Limits on the reporting requirements of supervision conditions 1 27. Requirement to report for offender who lives in remote area of the State 1 Division 6 — Intensive youth supervision orders without detention 28. Term used in this Division 1 29. Application of Divisions 3, 4 and 5 to supervision orders 1 30. Limits on the reporting requirements of supervision conditions 1 31. Offender to inform supervising officer of change in address within 48 hours 1 Division 7 — Conditional release orders 32. Application of Division 4 to offender released under conditional release order 1 33. Offender unable to attend to perform work because of illness 1 Part 4 — Special detention centres 34. Detention centres established and operated as special detention centres 1 Part 6 — Hearing and determination of detention offences 36. Term used in this Part 1 37. Charge of detention offence 1 38. Notification of hearing 1 39. Representation of detainee 1 40. Procedure 1 Part 6A — Miscellaneous 40A. Calculation of period of detention by reference to unpaid amount (s. 65C(2)) 1 40B. Restriction of access to exchange information (s. 16(8)(b)) 1 Part 7 — Detainee gratuities Division 1 — Special detention centres 41. Classification of activities undertaken by detainees in special detention centres 1 42. Gratuities credited to a detainee in special detention centre 1 Division 2 — Detention centres other than special detention centres 43. Gratuities credited to a detainee in detention centre that is not a special detention centre 1 Division 3 — General 44. Superintendent may direct gratuities be withheld or reduced 1 45. Superintendent may direct deductions from gratuities 1 46. Superintendent may direct when gratuities are to be credited 1 Part 7A — Detainee privileges 46A. Granting and withdrawing of privileges 1 46B. Privileges 1 Part 8 — Employees Division 1 — Preliminary 47. Terms used 1 Division 2 — Employment generally 48A. Term used: remove 1 48. Application 1 49. Officers and employees of particular classes prescribed (section 11(1a)(b)) 1 50. Functions of officers and employees of particular classes prescribed (section 11(2)) 1 51. Circumstances of removal for physical or mental health reasons (section 11(1a)) 1 52A. Circumstances of removal for other reasons (section 11(1a)) 1 52. Notice prior to removal (section 11(1a)) 1 Division 3 — Discipline of custodial officers 53. Application of Public Sector Management Act 1994 Part 5 1 Division 4A — Removal of custodial officer due to loss of confidence 54. Terms used 1 55. Application of this Division 1 56. Appointment of review officer 1 57. Role of review officer 1 58. Provision of material to chief executive officer 1 59. Notice of loss of confidence 1 60. Access to material 1 61. Chief executive officer's assessment of custodial officer's submissions 1 62. Further ground for removal 1 63. Notice of chief executive officer's decision on removal action and material relied on 1 64. Service of notices or documents 1 65. Application 1 66. Restriction on suspending custodial officer's pay 1 Division 4 — Use of force 71. Prescribed force (section 11C(1)) 1 72. Prescribed circumstances for use of force (section 11C(2)) 1 72A. Procedure following use of force 1 Part 9 — Confinement of detainees Division 1 — Preliminary 73. Term used in this Part 1 74. Imposition of confinement 1 Division 2 — Detention offence confinement 75. Application 1 76. Confinement procedures 1 77. Confinement monitoring, searches etc. 1 Division 3 — Good government, good order or security confinement 78. Application 1 79. Confinement procedures 1 80. Confinement monitoring, searches etc. 1 Part 10 — Search and seizure Division 1 — Preliminary 81. Terms used in this Part and application 1 82. Superintendent empowered to search 1 83. Superintendent empowered to search with assistance of trained dog 1 84. Superintendent empowered to use force when searching detainees 1 Division 2 — Searching detainees 85. When 1 86. How 1 87. If illegal or unauthorised things are found 1 Division 3 — Searching officers or other employees 88. When 1 89. How 1 90. If illegal or unauthorised things are found 1 Division 4 — Searching other persons 91. When 1 92. How 1 93. If illegal or unauthorised things are found 1 Division 5 — Use of dogs 94. Dogs can be used to search for drugs 1 95. Dogs to be under the control of a dog handler 1 96. Dogs to be used in authorised manner 1 97. Dogs in searches 1 Division 6 — Securing illegal or unauthorised things 98. Securing illegal or unauthorised things 1 Part 11 — Body samples Division 1 — Taking body samples 99. Officer who suspects unauthorised or illegal substance use to inform superintendent 1 100. Circumstances that may prompt requirement for body samples 1 101. Taking of body samples 1 Division 2 — Analysis 102. Approval of analysis agent 1 103. Analyst to give certificate 1 104. Admissibility of analyst's certificate 1 Part 12 — Savings and transitional provisions 105. Discipline before commencement day 1 Schedule 1 Notes Compilation table 1 Defined terms Western Australia Young Offenders Act 1994 Young Offenders Regulations 1995