Australian Capital Territory Consolidated Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 159

    (1)     As soon as practicable after a young detainee is admitted to a detention place, the director-general must take reasonable steps to explain the following to the young detainee:

        (a)     the young detainee's entitlements and obligations under this Act;

        (b)     the case management plan arrangements;

        (c)     the role of official visitors;

        (d)     the procedures for seeking information and making complaints to official visitors;

        (e)     which areas of the detention place are prohibited areas;

Note     Prohibited areas are declared under s 147.

        (f)     if the young detainee is a national of a foreign country—that the young detainee may ask the director-general to tell a diplomatic or consular representative of the country about the detention;

        (g)     anything else the director-general considers necessary or desirable.

Examples—par (g)

1     youth detention policies and operating procedures relevant to the young detainee

2     the scope and effect of the director-general's directions

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     The explanation under subsection (1)—

        (a)     may be in general terms; and

        (b)     as far as practicable, must be in language the young detainee can readily understand.

    (3)     The director-general must arrange for the assistance of an interpreter in complying with subsection (1) or (2) if the director-general believes on reasonable grounds that the young detainee is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in English.

    (4)     Without limiting subsection (3), the assistance of the interpreter may be provided by telephone.

    (5)     The director-general must tell a diplomatic or consular representative of a foreign country about the detention of a national of that country, if asked by the young detainee or if the director-general, after making reasonable inquiries, considers it in the best interests of the young detainee to do so.