Application by police officer for revocation or variation of preventative detention order or prohibited contact order
21T Application by police officer for revocation or variation of preventative detention order or prohibited contact order
If:
(a) a preventative detention order is in force in relation to a person; and
(b) the nominated police officer in relation to the order is satisfied the grounds on which the order was made have ceased to exist,
the officer must apply to the Supreme Court for the revocation of the order.
If:
(a) a preventative detention order is in force in relation to a person; and
(b) the nominated police officer in relation to the order is satisfied, because of new facts or circumstances that have arisen since the making of the order, it is appropriate that the order be varied,
the officer must apply to the Court for a variation of the order.
If:
(a) a preventative detention order is in force in relation to a person; and
(b) the Court is satisfied, on application by a police officer under subsection (1) or (2), it is appropriate that the order be revoked or varied,
the Court must, by order, revoke or vary the order.
(4) If the person in relation to whom a preventative detention order is in force is being detained in the custody of the Commissioner of Correctional Services or CEO (Youth Justice) and the order is revoked or varied under subsection (3), the applicant for the revocation or variation 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 a person's detention under a preventative detention order; and
(b) the nominated police officer in relation to the preventative detention order 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 (including that the grounds on which the order was made have ceased to exist),
the officer must apply to the Court for the revocation or a variation of the prohibited contact order.
If:
(a) a prohibited contact order is in force in relation to a person's detention under a preventative detention order; and
(b) the Court is satisfied, on application by a police officer under subsection (5), it is appropriate that the prohibited contact order be revoked or varied,
the Court must, by order, revoke or vary the prohibited contact order.
(7) If the person in relation to whose detention under a preventative detention order a prohibited contact order is in force is being detained in the custody of the Commissioner of Correctional Services or CEO (Youth Justice) and the prohibited contact order is revoked or varied under subsection (6), the applicant for the revocation or variation 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.
(8) A person in relation to whom a preventative detention order is in force may make representations to the nominated police officer in relation to the order with a view to having the order, or a prohibited contact order that is in force in relation to the person's detention under the preventative detention order, revoked or varied under this section.
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