s 1Short title
This Act may be cited as the Protective Custody Act 2000.
This Act may be cited as the Protective Custody Act 2000.
This Act comes into operation on a day fixed by proclamation.
In this Act, unless the contrary intention appears —
adult means a person who has reached 18 years of age;
apprehended means apprehended under section 6(1);
appropriate facility, in relation to an apprehended person, means an approved place to which the person may be taken in accordance with a notice published under section 26(1);
approved place means a place approved under section 26(1);
authorised officer means a community officer, a police officer, or a security officer as defined in the Public Transport Authority Act 2003 section 3;
child means a person who is under 18 years of age;
community officer means a person appointed under section 27;
intoxicant means —
alcohol; or
a drug, or a volatile or other substance, capable of intoxicating a person;
intoxicated means affected by, or apparently by, an intoxicant to such an extent that there is a significant impairment of judgment or behaviour;
JP means Justice of the Peace;
public place includes —
a place to which the public are admitted on the payment of money or other consideration, the test of admittance being only the payment of money or other consideration;
a school, university or other place of education, other than a part of it to which neither students nor the public usually have access; and
a privately owned place —
that is not occupied by, or with the authority of, the owner; or
to which the public has access with the express or implied approval of the owner, occupier or person who has the control or management of the place;
volatile substance means a substance that produces a vapour at room temperature.
[Section 3 amended: No. 31 of 2003 s. 206(2); No. 8 of 2008 s. 17 and 23(7).]
This Act is in addition to and does not affect the operation of section 41 of the Children and Community Services Act 2004.
This Act is in addition to and does not affect the operation of the Mental Health Act 2014 section 156.
[Section 4 amended: No. 34 of 2004 s. 251; No. 25 of 2014 s. 79.]
An authorised officer may seize an intoxicant from a child who is in a public place if —
the child is consuming or inhaling the intoxicant; or
the officer reasonably suspects that the child is about to consume or inhale the intoxicant,
and the officer reasonably suspects that the child is likely to become intoxicated if the intoxicant is not seized.
The power given by subsection (1) to an authorised officer who is a security officer as defined in the Public Transport Authority Act 2003 section 3 applies only if the public place is Authority property as defined in that Act.
The intoxicant may be seized even if the child is not intoxicated.
The officer may destroy the intoxicant.
This section does not prevent an intoxicant that has been seized from being seized under another written law or under a legal process.
[Section 5 amended: No. 31 of 2003 s. 206(3).]
If an authorised officer reasonably suspects that a person who is in a public place or who is trespassing on private property —
is intoxicated; and
needs to be apprehended —
to protect the health or safety of the person or any other person; or
to prevent the person causing serious damage to property,
the officer may apprehend the person.
The power given by subsection (1) to an authorised officer who is a security officer as defined in the Public Transport Authority Act 2003 section 3 applies only if the person to be apprehended is in or on Authority property as defined in that Act.
The authorised officer may use reasonable force and assistance to apprehend the person.
An authorised officer who apprehends a person must record the date and time when the person is apprehended.
[Section 6 amended: No. 31 of 2003 s. 206(4).]
An authorised officer may detain an apprehended person but any detention of the person must be in accordance with subsections (2), (3) and (4).
An authorised officer must not detain an apprehended person who is not, or who is no longer, intoxicated.
An authorised officer must not detain an apprehended person who is intoxicated for any longer than is necessary —
to protect the health or safety of the person or any other person; or
to prevent the person causing serious damage to property.
If an apprehended person is detained in a police station or lock‑up, then, despite subsections (2) and (3), a police officer may decide not to release the person between the hours of midnight and 7.30 a.m. if release during those hours is not in the best interests of the person.
If a police officer makes a decision under subsection (4), he or she must record the reasons for the decision.
The power to detain an apprehended person does not affect the duty under section 11(1) and 12(1) to release a person as soon as practicable after he or she is apprehended.
An authorised officer may search an apprehended person, and any thing found on or with the person, for any thing that can be seized under section 9.
The search of an apprehended person must be done by a person of the same sex as the apprehended person.
An authorised officer may use reasonable force to do the search.
If it is reasonably necessary in order to do the search, an authorised officer may authorise another person to do the search or to assist in doing the search.
A person so authorised —
may do the search or assist in doing the search, as authorised; and
must obey any lawful and reasonable direction of the authorised officer.
An authorised officer may seize from an apprehended person —
any intoxicant;
any article (including any drug prescribed for the person) that could endanger the health or safety of the person or any other person.
If alcohol or any substance containing alcohol, is seized from an apprehended person, an authorised officer may destroy it.
If an intoxicant other than alcohol is seized from an apprehended person, an authorised officer may destroy it if the officer reasonably suspects that if it were returned to the person, the person is likely to use it to become intoxicated.
Anything seized under subsection (1) that is not destroyed under subsection (2) or (3), must be dealt with under section 14.
An authorised officer who seizes any thing under this section must record the fact and must record how the thing is dealt with.
If an apprehended person needs a medical examination, an authorised officer, as soon as practicable, is to arrange for the person to be medically examined by a suitably qualified person.
The authorised officer is to continue detaining the apprehended person subject to section 7 unless —
the apprehended person is referred under the Mental Health Act 2014 section 26(2) or (3)(a) for an examination by a psychiatrist at an authorised hospital or another place; or
the person who medically examines the apprehended person directs that the person be left in his or her charge.
If an authorised officer arranges for a person to be medically examined the officer must record the fact, the name of the person conducting the examination, and the date and time when the person was examined.
[Section 10 amended: Gazette No. 25 of 2014 s. 80.]
As soon as practicable after a child is apprehended, an authorised officer must release the child —
into the care of a person who is the child’s parent or legal guardian;
into the care of a person —
whom the officer reasonably believes is a responsible person capable of taking care of the child; and
who consents to taking charge of the child;
or
if the officer is unable to comply with paragraph (a) or (b), into the care of the person in charge of an appropriate facility.
In deciding which option in subsection (1) to use an authorised officer must give paramount consideration to the safety and welfare of the child.
Subsection (1) does not prevent an authorised officer from taking action under section 10 and, if directed to do so, from releasing a child into the care of another person under that section.
If a child is apprehended by a community officer and it is not reasonably practicable to comply with subsection (1), a community officer may deliver the child to a police officer to be detained in accordance with section 7(1).
Any detention under section 7(1) of a child by a police officer must not be in a police station or lock‑up unless —
in the time needed to comply with subsection (1) exceptional circumstances arise that justify detaining the child in a police station or lock‑up; or
exceptional circumstances make it impracticable to comply with subsection (1).
[Section 11 amended: No. 34 of 2004 s. 251.]
As soon as practicable after an adult is apprehended, an authorised officer must release the adult —
into the care of another person under section 13; or
into the care of the person in charge of an appropriate facility.
Subsection (1) does not prevent an authorised officer from taking action under section 10 and, if directed to do so, from releasing an adult into the care of another person under that section.
If an adult is apprehended by a community officer and it is not reasonably practicable to comply with subsection (1), a community officer may deliver the adult to a police officer to be detained in accordance with section 7(1).
Any detention under section 7(1) of an adult by a police officer must not be in a police station or lock‑up unless —
in the time needed to comply with subsection (1) exceptional circumstances arise that justify detaining the adult in a police station or lock‑up; or
it is impracticable to comply with subsection (1) by taking reasonable measures.
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