Terrorism (Preventative Detention) Act 2005

As soon as practicable after a person is first detained under a preventative detention order, the police officer who is detaining the person under the order must inform the person of the matters covered by subsection (2).

The matters covered by this subsection are – the fact that the preventative detention order has been made in relation to the person; and the period during which the person may be detained under the order; and the restrictions that apply to what the person being detained may convey to the people the person may contact while the person is being detained under the order; and the restrictions that apply to the people that the person may contact while the person is being detained under the order; and if the order was made by a senior police officer, the fact that an application may be made to the Supreme Court under Part 2 for a further preventative detention order; and any right the person has to complain to the Ombudsman under the Ombudsman Act 1978 in relation to – the application for, or the making of, the preventative detention order or a prohibited contact order; or the treatment of the person in connection with the person's detention under the preventative detention order; and the fact that the person may seek from a court a remedy relating to – the preventative detention order; or a prohibited contact order; or the treatment of the person in connection with the person's detention under the preventative detention order; and the person’s entitlement under section 34 to contact a lawyer; and the name and work telephone number of the senior police officer who has been nominated under section 18(7) to oversee the exercise of powers under, and the performance of obligations in relation to, the order.

Without limiting subsection (2)(d), the police officer detaining the person under the order must inform the person under that paragraph about the persons that he or she may contact under section 32 or 36.

Subsection (2)(d) does not require the police officer to inform the person being detained of – the fact that a prohibited contact order has been made in relation to the person’s detention; or the name of a person specified in a prohibited contact order that has been made in relation to the person’s detention.