Transfer of persons in watch-houses
640 Transfer of persons in watch-houses
A watch-house manager may transfer a person in custody in a watch-house from the watch-house—
to another watch-house; or
to a holding cell at a police station; or
to a court cell; or
to another place at which the person may receive treatment necessary for the person’s welfare; or
to a corrective services facility; or
into the custody of a police officer for the purposes of chapter 15.
Examples—
1 A person may be transferred from the watch-house at Holland Park to the Brisbane City watch-house because there are not enough cells or staff available at Holland Park to provide proper security at the watch-house or care for persons in custody.
2 A person held in custody at a watch-house may be transferred to a hospital to receive necessary medical treatment.
A failure of a watch-house manager to provide procedural fairness to a child transferred under subsection (1)(a) or (b) does not affect the validity of the decision to transfer the child.
For the purposes of the Human Rights Act 2019, section 43(1), it is declared that subsection (1)(a) and (b) has effect in relation to the transfer of a child—
despite being incompatible with human rights; and
despite anything else in the Human Rights Act 2019.
This subsection and subsections (3) and (5) expire on 31 December 2026.
A regulation may postpone the expiry of this subsection and subsections (3) and (4) but can not postpone the expiry for more than 1 year after 31 December 2026.
This Act’s bill:Explanatory memorandum
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