Commissioner to report to Minister
76B Commissioner to report to Minister
Within 3 months after the application is made, the commissioner must—
prepare a report under this section; and
give the Minister a copy of the report.
The report must state—
whether a preventative detention order was made for the person on the application; and
if a preventative detention order was made for the person—
whether the preventative detention order was an initial order or a final order; and
whether the person was taken into custody under the preventative detention order and, if so, how long the person was detained for under the order; and
if the commissioner is aware a complaint was made to the Crime and Corruption Commission or the ombudsman about the person’s detention under the preventative detention order—particulars of the complaint; and
if the person brought a legal proceeding challenging the validity of the preventative detention order—whether the court decided the order was invalid; and
any criminal offence with which the person has been charged since the preventative detention order was made; and
whether an application was made for a prohibited contact order in relation to the person’s detention under the preventative detention order.
Also, the report may include any other information the commissioner considers appropriate.
If the application was made in connection with a terrorist emergency declared under the Public Safety Preservation Act 1986, the report may form part of the commissioner’s report about the terrorist emergency.
In this section—commissioner’s report, about a terrorist emergency, means the report about the terrorist emergency the commissioner must give the Minister under the Public Safety Preservation Act 1986, section 8R.
Note—See also the Police Powers and Responsibilities Act 2000, section 743 for the PIM’s obligation to report to the Minister on the use of preventative detention orders and prohibited contact orders.
This Act’s bill:Explanatory memorandum
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