Victorian Current Acts Victorian Current Acts(1) The use of an instrument of restraint is prohibited in relation to a child held in custody in a police gaol unless—
(a) the instrument of restraint is a permitted instrument of restraint; and
(b) a police gaol officer believes on reasonable grounds that the use of an instrument of restraint is necessary to prevent or respond to an immediate threat of—
(i) the child harming themselves or any other person or damaging property; or
(ii) the child escaping or attempting to escape from the police gaol; or
(iii) the child engaging in conduct that would threaten the security or good order of the police gaol; and
Example
Engaging in rioting or other disturbances.
(c) all other reasonably practicable de-escalation measures have first been attempted.
(2) The use of an instrument of restraint is prohibited in relation to a child or young person who is in the custody of a transfer officer under a transfer authority unless—
(a) the instrument of restraint is a permitted instrument of restraint; and
(b) the transfer officer believes on reasonable grounds that the use of an instrument of restraint 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 from the custody of the transfer 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; and
(c) all other reasonably practicable de-escalation measures have first been attempted.
(3) Subject to section 575, the use of an instrument of restraint (other than a spit hood) by a police gaol officer in relation to a child held in custody in a police gaol is not prohibited if—
(a) the police gaol officer is otherwise authorised to use that instrument of restraint by or under this Act or any other Act, or at common law; and
(b) the police gaol officer uses the instrument of restraint in accordance with that other authorisation.
(4) Subject to section 575, the use of an instrument of restraint (other than a spit hood) by a transfer officer in relation to a child or young person who is in the custody of the transfer officer under a transfer authority is not prohibited if—
(a) the transfer officer is otherwise authorised to use that instrument of restraint by or under this Act or any other Act, or at common law; and
(b) the transfer officer uses the instrument of restraint in accordance with that other authorisation.
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