Queensland Numbered Acts

HEALTH TRANSPARENCY ACT 2019 - SECT 88

88 Insertion of new pt 4A

After part 4 —
insert—

Part 4A - Children who are prisoners of a court

Division 1 - General matters about helping proper officer of a court

43A Places where youth justice staff member may help proper officer of a court—Act, s 59E For section 59E(2) of the Act, the following places are prescribed—

(a) the Brisbane Magistrates Court building;

(b) QEII Courts of Law.

43B Powers for helping proper officer of a court—Act s 59F For section 59F of the Act—

(a) the following powers are prescribed—

(i) the power of a detention centre employee to give an instruction under section 16(1) or use reasonable force under section 16(5);

(ii) the power of a staff member to use approved restraints under section 19;

(iii) the power of a detention centre employee to conduct a search under part 4, division 6, subdivision 1;

(iv) the power of a detention centre employee to help a doctor to conduct a search under part 4, division 6, subdivision 2; and

(b) the powers may be exercised only as provided under division 2.

Division 2 - Exercise of powers by persons helping proper officer of a court

43C Application of division This division prescribes matters about a youth justice staff member, corrective services officer or watch-house officer (each a
"relevant officer" ) exercising a power under section 59F of the Act.

43D Definitions for division In this division—

"condition" includes a limitation or restriction.

"proper officer of a court" , in relation to the exercise of a relevant power by a relevant officer, means the proper officer of a court for whom the relevant power is exercised under part 5A of the Act.

"relevant officer" see section 43C.

"relevant power" means a power mentioned in section 43B(a).

43E General conditions and requirements

(1) A relevant officer may exercise a relevant power only if—

(a) any condition under this regulation about the circumstances in which the power may be exercised is satisfied; and

Example—

A relevant officer may use reasonable force under section 16(5) only if the conditions mentioned in section 16(5)(a) and (b) are satisfied.

(b) the relevant officer complies with any requirements under this regulation about the way the power may be exercised.

Example—

A relevant officer conducting a search of a child under section 24 must comply with section 24(3).

(2) Also, a relevant officer may help a doctor to conduct a search under part 4, division 6, subdivision 2 only if the proper officer of a court has authorised the doctor to conduct the search.

Note—

See section 59D of the Act in relation to the proper officer exercising powers of the chief executive under the Act.

43F Authorisation of exercise of power

(1) This section applies if a relevant power may be exercised only if the chief executive has authorised the exercise of the power.

(2) A relevant officer may exercise the power only if the proper officer of a court has authorised the relevant officer to exercise the power.

(3) Any condition under this regulation on the chief executive giving the authorisation applies in relation to the proper officer of a court authorising the relevant officer to exercise the power.

Example—

A relevant officer may be authorised to use approved restraints to restrain a child under section 19 only if the condition mentioned in section 18(2) is satisfied.

43G Supervision of exercise of power

(1) This section applies if, under this regulation, the chief executive must ensure a thing in relation to the exercise of a relevant power.

(2) The proper officer of a court must ensure the thing in relation to a relevant officer exercising the relevant power.

Example—

If a relevant officer is using approved restraints to restrain a child under section 19, the proper officer of a court must ensure the things mentioned in section 19(2).

Division 3 - Other matters about exercise of powers

43H Information and record keeping requirements

(1) This section applies to the proper officer of a court who exercises a power, or for whom a power is exercised, under part 5A of the Act.

(2) The proper officer of the court must comply with each information or record keeping provision applying to the exercise of the power—

(a) as if—

(i) a reference in the provision to the chief executive were a reference to the proper officer of the court; and

(ii) a reference in the provision to a detention centre employee or staff member were a reference to a person exercising a power under section 59F of the Act; and

(iii) a reference in the provision to a detention centre were a reference to the place at which the child is detained or otherwise in custody under part 5A of the Act; and

(b) with any other necessary changes.

(3) In this section—

"information or record keeping provision" means the following—

(a) section 16(6);

(b) section 17;

(c) section 20;

(d) section 27.

43I Property found during search Section 28 applies in relation to a search of a child by a person under part 5A of the Act as if—

(a) a reference in the section to a detention centre were a reference to the place at which the child is detained or otherwise in custody under part 5A of the Act; and

(b) a reference in the section to the chief executive were a reference to the proper officer of a court conducting the search or for whom the search is conducted.