Prohibited contact order (person in relation to whom preventative detention order is already in force)
13M Prohibited contact order (person in relation to whom preventative detention order is already in force)
S. 13M(1) amended by No. 37/2014 s. 10(Sch. item 167.11).
If a preventative detention order is in force in relation to a person (the subject), an authorised police officer may apply to the Supreme Court for a prohibited contact order under this section in relation to the subject's detention under the preventative detention order.
The application must set out—
the terms of the order sought; and
the facts and other grounds on which the applicant considers that the order should be made.
S. 13M(3) amended by No. 6/2018 s. 68(Sch. 2 item 124.4).
The information in the application must be sworn or affirmed by the applicant.
Note to s. 13M(3) repealed by No. 6/2018 s. 68(Sch. 2 item 124.5).
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The person in relation to whose detention under a preventative detention order an application for a prohibited contact order is made to the Supreme Court under this section is entitled to be given notice of the application and to appear and give evidence, call witnesses, examine and cross-examine witnesses, adduce material and make submissions in relation to it. However, his or her absence does not prevent the Supreme Court from determining the application.
S. 13M(4A) inserted by No. 72/2011 s. 50(2).
The applicant must notify a Public Interest Monitor of the application in accordance with the regulations under the Public Interest Monitor Act 2011.
S. 13M(4B) inserted by No. 72/2011 s. 50(2).
In determining whether a prohibited contact order should be made under this section, the Supreme Court must have regard to any submissions made by a Public Interest Monitor.
If the Supreme Court is satisfied as set out in section 13KA(4), the Court may make a prohibited contact order under this section that the subject is not, while being detained under the preventative detention order, to contact a person specified in the prohibited contact order.
Note
See section 13E(1) for the purpose for which a preventative detention order may be made.
The prohibited contact order must be in writing.
The senior police officer nominated under section 13P(4) in relation to the preventative detention order must—
S. 13M(7)(a) amended by Nos 34/2008 s. 143(Sch. 2 item 13.3), 82/2012 s. 167(4)(a).
notify the Ombudsman under the Ombudsman Act 1973 and the IBAC in writing of the making of the prohibited contact order; and
S. 13M(7)(b) amended by No. 82/2012 s. 167(4)(b).
give the Ombudsman and the IBAC a copy of the prohibited contact order.
S. 13N inserted by No. 5/2006 s. 4.
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