Victorian Current Acts Victorian Current Acts(1) The use of force in relation to a child or young person held in custody in a youth justice custodial centre is prohibited unless—
(a) a youth justice custodial officer believes on reasonable grounds that force is necessary to prevent or respond to an immediate threat of—
(i) the child or young person harming themselves or any other person or damaging property; or
(ii) the child or young person escaping or attempting to escape from the youth justice custodial centre; or
(iii) the child or young person engaging in conduct that would seriously threaten the security or stability of the youth justice custodial centre; and
Example
Engaging in rioting or other disturbances.
(b) all other reasonably practicable behavioural, relational or therapeutic measures have first been attempted.
(2) The use of force in relation to a child or young person who is in the custody of a youth justice custodial officer under a transfer authority or who is being escorted or supervised by a youth justice custodial officer under a temporary leave permit is prohibited unless—
(a) the youth justice custodial officer believes on reasonable grounds that force is necessary—
(i) to prevent or respond to an immediate threat of the child or young person harming themselves or any other person or damaging property; or
(ii) to prevent or respond to an immediate threat of the child or young person escaping or attempting to escape the custody of the youth justice custodial officer; or
(iii) to effect the safe and secure transport or transfer of the child or young person in accordance with the relevant transfer authority or temporary leave permit (as the case requires); and
(b) all other reasonably practicable behavioural, relational or therapeutic measures have first been attempted.
(3) The use of force in relation to a child or young person held in custody in a youth justice custodial centre is not prohibited if it is otherwise authorised by or under this Act or any other Act or at common law.
(4) The use of force in relation to a child or young person who is in the custody of a youth justice custodial officer under a transfer authority or who is being escorted or supervised by a youth justice custodial officer under a temporary leave permit is not prohibited if it is otherwise authorised by or under this Act or any other Act or at common law.
Note
Division 5 and sections 521 and 523 apply to a use of force under this Part in relation to a child or young person held in custody in a youth justice custodial centre, who is in the custody of a youth justice custodial officer under a transfer authority or who is being escorted or supervised by a youth justice custodial officer under a temporary leave permit.