Further provisions relating to power to detain under section 185(1) or 190(1)(o)
191 Further provisions relating to power to detain under section 185(1) or 190(1)(o)
Before an emergency officer or police officer detains a person under section 185(1) or 190(1)(o), the emergency officer or police officer must briefly explain, in language likely to be readily understood by the person —
the reason why it is necessary to detain the person; and
that the person is entitled to obtain legal advice and to communicate with a lawyer; and
that the person has a right under section 194 to apply to the State Administrative Tribunal for a review of the decision to detain the person.
However, if in the particular circumstances in which the power to detain the person is to be exercised, it is not practicable to give the explanation required by subsection (1) before the power is exercised, the emergency officer or police officer must do so as soon as is practicable.
If the person who is to be detained, or is being detained, under section 185(1) or 190(1)(o) is a child or an impaired person, the emergency officer or police officer must ensure that a suitably modified version of the explanation required by subsection (1) is given to —
in the case of a child —
a parent or guardian of the child; or
another person who has responsibility for the day‑to‑day care of the child; or
if no person mentioned in another subparagraph of this paragraph is available, a person, or a person in a class of persons, prescribed by the regulations for the purposes of this subparagraph;
in the case of an impaired person, a responsible person.
Failure to comply with this section does not invalidate the detention of a person under section 185(1) or 190(1)(o).
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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