Australian Capital Territory Numbered Regulations

PERIODIC DETENTION REGULATIONS (NO. 34 OF 1995)

TABLE OF PROVISIONS

   1.      These Regulations may be cited as the Periodic Detention Regulations.  
   2.      These Regulations commence on the day on which section 3 of the Act commences.  
   3.      In these Regulations, unless the contrary intention appears—“the Act” means the Periodic Detention Act 1995.  
   4.      Where a court orders that an offender serve a sentence of periodic detention, the court shall cause a copy of the order to be given to the manager of the detention centre as soon as practicable after the making of the order.  
   5.      (1) A notice under section 10 of the Act shall be in triplicate.  
   6.      For the purposes of subsection 14 (4) of the Act, a detainee shall report at a detention centre with—  
   7.      (1) For the purposes of paragraph 23 (1) (a) of the Act, a detainee may be required to undergo a breath test conducted by means of an instrument known as a “Dual Screener Alcomaster” that bears on any part of the instrument, in addition to other material, the expression “Model DS-190”, being an instrument manufactured by, or on behalf of, Aust. Dynamic Technologies Company Pty Limited.  
   8.      (1) For the purposes of subsection 23 (4) of the Act, the particulars required to be included in a statement under that subsection are—  
   9.      (1) For the purposes of subsection 24 (2) of the Act, an application for leave of absence shall—  
   10.     (1) The court shall serve, or caused to be served, on the Director a copy of an application made by a detainee under section 24 of the Act.  
   11.     (1) For the purposes of paragraph 30 (9) (a) of the Act, a certificate purporting to have been signed by the manager and stating that a detainee refused or failed to take an alcohol or drug test on a specified day at a specified time is evidence of the matters so stated.  
   12.     A body search shall be conducted—  
   13.     The manager of a detention centre shall cause the following particulars to be recorded in respect of a detainee who reports to the detention centre for the first time in compliance with an order for periodic detention:  
   14.     (1) A detainee who brings in to a detention centre medication that is required to be administered to the detainee in the course of his or her period of detention shall notify the manager of the particulars of the dosage of the medication and the date and time it is to be administered.  
   15.     In providing food and beverages (other than intoxicating beverages) to a detainee, regard shall be had to the religious beliefs and the reasonable dietary requirements of the detainee and any restrictions specified in relation to the detainee by the medical staff of the centre.  
   16.     (1) A detainee shall not be required to work more than 8 hours per day inclusive of meal and tea breaks.  
   17.     (1) Where a medical practitioner or nurse gives the manager a report in writing that he or she is of the opinion that the physical or mental health of a detainee may be injuriously affected if the detainee were to comply with an order under Part II of the Act, or by his or her continuing to comply with such an order, the manager shall notify the Director in writing of that fact and give the Director a copy of the report.  
   18.     If a detainee appeals against an order for periodic detention, the court which made the order shall notify the manager of the detention centre to which the detainee was ordered to attend.  
   19.     A person shall not, in any instrument under these regulations or the standing orders, make a statement knowing it to be false or misleading in a material particular.  
   20.     A detainee who is reporting for, or is otherwise serving, a detention period shall not—  
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