Children Act 2001

Discipline.

201

201. (1) Any child who breaches the rules of a children detention school may be disciplined on the instructions of the Director of the school in a way that is both reasonable and within the prescribed limits.

(2) Without prejudice to the power of the Minister to prescribe limits for the disciplining of children detained in children detention schools, the following forms of discipline shall be prohibited—

(a) corporal punishment or any other form of physical violence,

(b) deprivation of food or drink,

(c) treatment that could reasonably be expected to be detrimental to physical, psychological or emotional wellbeing, or

(d) treatment that is cruel, inhuman or degrading.

Annotations

Amendments:

F175

Substituted by Children (Amendment) Act 2015 (30/2015), s. 18(1), not commenced as of date of revision, subject to transitional provision in subs. (2).

Modifications (not altering text):

C19

Prospective affecting provision: section substituted by Children (Amendment) Act 2015 (30/2015), s. 18(1), not commenced as of date of revision, subject to transitional provision in subs. (2).

F175 [ Inquiry into alleged disciplinary breach.

201. (1) If a breach of children detention school discipline under

(a) section 202(6) , 203(4) , 204(8) , 206(8) or 215(6) , or

(b) regulations made by the Minister under section 221 ,

(in this Part referred to as a disciplinary breach ) is alleged to have been committed by a child, the Director of the children detention school concerned may decide to hold an inquiry into the alleged disciplinary breach.

(2) Where the Director decides to hold an inquiry under subsection (1) , he or she shall inform the child who is alleged to have committed a disciplinary breach of the alleged disciplinary breach and of the date and time of the inquiry.

(3) The procedure relating to an inquiry may be prescribed by the Minister.

(4) At the conclusion of the inquiry, if the Director

(a) finds that the child who is the subject of the inquiry committed a disciplinary breach, section 201A shall apply and the Director shall record the finding and any sanction imposed under that section, or

(b) does not find that the child who is the subject of the inquiry committed a disciplinary breach, he or she shall record a finding that the allegation has not been substantiated. ]