Victorian Current Acts

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YOUTH JUSTICE ACT 2024 - SECT 589

Actions to be taken after child held in custody in police gaol is subjected to use of force under this Part

    (1)     If a child held in custody in a police gaol is reasonably suspected of being injured or having been injured in the course of being subjected to the use of force or if the child otherwise requests medical attention or examination after being subjected to the use of force, as soon as reasonably practicable after that use of force, a police gaol officer must ensure that—

        (a)     the child is examined by a health practitioner; and

        (b)     the child receives the medical attention and mental health care that the child requires.

    (2)     A health practitioner who carries out an examination under subsection (1) must record any clinical observations made during the examination.

    (3)     A police gaol officer must notify a parent of a child subjected to any use of force while held in custody in a police gaol as soon as practicable after the use of force if—

        (a)     the child is injured; or

        (b)     the child requests that a parent be notified.

    (4)     As soon as practicable after a child is subjected to any use of force while held in custody in a police gaol, a police gaol officer must offer the child the opportunity to contact or be seen by—

        (a)     in the case of an Aboriginal child

              (i)     a support person or support provider, including an Aboriginal organisation or a member of the child's Aboriginal community as requested by the child; or

              (ii)     a support person or support provider that the officer in charge of the police gaol considers appropriate; and

        (b)     in any case, a support person, support provider or member of the child's family.

    (5)     Despite subsection (3), a police gaol officer is not required to notify a parent of the child if—

        (a)     the notification would not be appropriate in the circumstances; or

Example

There is a history of family violence and the notification jeopardises the safety of any person.

        (b)     it is not reasonably possible to notify the parent.



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