Application by detainee for revocation or variation of preventative detention order or prohibited contact order
21S Application by detainee for revocation or variation of preventative detention order or prohibited contact order
(1) A person in relation to whom a preventative detention order is in force (the subject) may apply to the Supreme Court for:
(a) if the order is a confirmed preventative detention order – the revocation or variation of the order; or
(b) the revocation or variation of any prohibited contact order in force in relation to the subject's detention under the preventative detention order.
(2) If the Court is satisfied, because of new facts or circumstances that have arisen since the Court reviewed the making of the preventative detention order, it is appropriate that the order be revoked or varied, the Court must, by order, revoke or vary the order.
(3) If the subject is being detained in the custody of the Commissioner of Correctional Services or CEO (Youth Justice) and the preventative detention order is revoked or varied under subsection (2), the police officer who is detaining the subject under the order must give a copy of the order made under the subsection to the Commissioner or CEO (Youth Justice), as the case may be, as soon as practicable after it is made.
If:
(a) a prohibited contact order is in force in relation to the subject's detention under a preventative detention order; and
either of the following apply:
(i) if the order is a confirmed preventative detention order – the Court is satisfied, because of new facts or circumstances that have arisen since the making of the prohibited contact order, it is appropriate that the prohibited contact order be revoked or varied;
(ii) otherwise – the Court is satisfied it is appropriate that the prohibited contact order be revoked or varied,
the Court must, by order, revoke or vary the prohibited contact order.
(5) If the subject is being detained in the custody of the Commissioner of Correctional Services or CEO (Youth Justice) and a prohibited contact order in force in relation to the subject is revoked or varied under subsection (4), the police officer who is detaining the subject under the preventative detention order must give a copy of the order made under the subsection to the Commissioner or CEO (Youth Justice), as the case may be, as soon as practicable after it is made.
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