Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 505

    (1)     This section applies in respect of any use of force that is permitted by or under this Part in relation to a child or young person—

        (a)     held in custody in a youth justice custodial centre; or

        (b)     who is in the custody of a youth justice custodial officer under a transfer authority; or

        (c)     who is being escorted or supervised by a youth justice custodial officer under a temporary leave permit.

    (2)     Each of the following apply in relation to the use of force in relation to a child or young person—

        (a)     the use of force must be proportionate;

        (b)     the use of force must immediately cease once the use of force is no longer necessary;

        (c)     the youth justice custodial officer using force in relation to the child or young person must—

              (i)     apply force for the shortest possible time; and

              (ii)     continuously assess the need for and manner of that use of force, and modify the use of force as required;

        (d)     to the extent reasonably practicable in the circumstances, a youth justice custodial officer using force on a child or young person must have regard to the child's or young person's physical stature and individual characteristics and background including—

              (i)     age, maturity and stage of development; and

              (ii)     gender; and

              (iii)     cultural background or status as an Aboriginal child or young person; and

              (iv)     physical and mental health; and

              (v)     disability; and

              (vi)     history of trauma, placement in out of home care or family violence;

        (e)     to the extent reasonably practicable in the circumstances—

              (i)     an oral warning must be given to the child or young person before force is used; and

              (ii)     if safe to do so, the child or young person must be given reasonable time to comply with the warning;

        (f)     in the case of use of an instrument of restraint, the child or young person must be closely supervised while subject to the restraint.

    (3)     A youth justice custodial officer must not use force unless the officer is appropriately trained in relation to the use of physical intervention techniques on children and young persons.