Victorian Current Acts

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YOUTH JUSTICE ACT 2024 - SECT 74

Requirements after use of force

    (1)     If force is used under section 73(1), a police officer must—

        (a)     notify a parent of the child that—

              (i)     the transport power has been exercised in respect of the child; and

              (ii)     force has been used on the child for the purpose of one or more of the following—

    (A)     exercising the transport power;

    (B)     searching the child;

    (C)     seizing a thing from the child; and

        (b)     if the child is reasonably suspected of being injured, or the child or a parent of the child requests it, make all reasonable efforts to ensure that the child is examined by a health practitioner and receives the medical attention and mental health care the child requires.

    (2)     If a child is examined under subsection (1)(b), a parent of the child must be present unless—

        (a)     the medical attention or mental health care is urgent; or

        (b)     it is not reasonably practicable for a parent of the child to be present; or

        (c)     a police officer has been unable to contact a parent of the child.

    (3)     If a parent of the child is unable to be present under subsection (2), an independent third party must be present unless—

        (a)     the medical attention or mental health care is urgent; or

        (b)     it is not reasonably practicable for an independent third party to be present.

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



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