Copy of preventative detention order and summary of grounds
21ZF Copy of preventative detention order and summary of grounds
(1) As soon as practicable after a person is first taken into custody under a preventative detention order, the police officer who is detaining the person under the order must give the person:
(a) a copy of the order and any prohibited contact order in force in relation to the person's detention; and
(b) a summary of the grounds on which the preventative detention order or prohibited contact order is made.
(2) To avoid doubt, subsection (1)(b) does not require information to be included in the summary if the disclosure of the information is likely to prejudice national security.
(3) A police officer does not need to have a copy of the order with him or her, or to produce a copy of the order to the person being taken into custody, when the officer takes the person into custody.
(4) A person who is being detained under a preventative detention order may ask the police officer who is detaining the person under the order to give a copy of the following to a lawyer acting for the person in relation to the order:
(a) the order and any prohibited contact order in force in relation to the person's detention;
any summary given to the person under subsection (1)(b).
(5) The police officer must make arrangements for a copy of an order or summary to be given to the lawyer as soon as practicable after the request is made.
(6) Without limiting subsection (5), the copy of an order may be faxed or emailed to the lawyer.
(7) To avoid doubt, subsection (5) does not entitle the lawyer to be given a copy of, or see, a document other than the preventative detention order or prohibited contact order or any summary given under subsection (1)(b).
The police officer who gives:
(a) the person being detained under a preventative detention order; or
a lawyer acting for the person,
a copy of the order under this section must endorse on the copy the date on which, and time at which, the person was first taken into custody under the order.
(9) The lawfulness of a person's detention under a preventative detention order is not affected by a failure to comply with this section.
Division 5 Treatment of person detained
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