Police Powers and Responsibilities Act 2000

It is the duty of the police officer who detains a person under section 604, at the earliest reasonable opportunity—

to take the person to a place of safety; and

to release the person at the place of safety.

However, subsection (1) does not apply if—

after making reasonable enquiries, the police officer is unable to find a place of safety located within a reasonable distance from where the person is detained; or

there is a person apparently in charge of the place of safety and the person does not agree to provide care for the person; or

the police officer is satisfied the person’s behaviour or presence poses a risk of harm to any person at the place of safety, including, for example, harm caused by domestic violence.

If subsection (1) does not apply because of subsection (2), the person must be released.

As soon as practicable after a person is released under subsection (1) or (3), the police officer must enter in a register kept for this section the particulars prescribed by regulation.

To remove any doubt, it is declared that nothing in this section requires a person who is released at a place of safety to remain at the place.