Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 588

    (1)     Each of the following applies in relation to any use of force that is permitted by or under this Part in relation to a child held in custody in a police gaol—

        (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 police gaol officer using force in relation to the child must—

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

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

        (d)     to the extent known and reasonably practicable in the circumstances, in using force on the child, the police gaol officer must have regard to the child'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; 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 before force is used; and

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

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

    (2)     Each of the following applies in relation to any use of force that is permitted by or under this Part in relation to a child or young person in the custody of a transfer officer under a transfer authority—

        (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 transfer 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 use of that force, and modify the use of force as required;

        (d)     to the extent known and reasonably practicable in the circumstances, in using force on a child or young person, the transfer officer must have regard to the physical stature and individual characteristics and background of the child or young person 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 the use of an instrument of restraint, the child or young person must be closely supervised while subject to the restraint.

    (3)     A police gaol officer must not use force in relation to a child held in custody in a police gaol unless the police gaol officer is appropriately trained in relation to the use of physical intervention techniques.

    (4)     A transfer officer must not use force in relation to a child or young person in the custody of the transfer officer under a transfer authority unless the transfer officer is appropriately trained in relation to the use of physical intervention techniques.