Australian Capital Territory Consolidated Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 579

    (1)     The operating entity for a therapeutic protection place must make arrangements to ensure, as far as practicable, that the use of force in relation to the management of a child or young person in therapeutic protection is always—

        (a)     a last resort; and

        (b)     for a purpose that cannot be achieved in any other way; and

        (c)     in accordance with this division; and

        (d)     in accordance with the therapeutic protection standards.

Note     The Minister may make therapeutic protection standards under s 887.

    (2)     The operating entity must also ensure, as far as practicable, that—

        (a)     a therapeutic protection person does not use force in relation to a child or young person in therapeutic protection without first considering the following in relation to the use of force:

              (i)     the child's or young person's age, sex, physical and mental health and any history of abuse;

              (ii)     if the proposed force involves any restraint of the child or young person—the physical and developmental capacity of the child or young person; and

        (b)     the use of force in relation to a child or young person is not observed by any other child or young person.

    (3)     However, an operating entity need not comply with subsection (2) if, in urgent circumstances, the person believes on reasonable grounds that doing so would create a risk of injury to the therapeutic protection person, the child or young person in therapeutic protection, or anyone else.