Review of detention
192 Review of detention
If a person is detained under section 185(1) or 190(1)(o) —
the Chief Health Officer must review the person’s detention at intervals not greater than 24 hours to determine whether the detention of the person continues to be required; and
the person is entitled to obtain legal advice and to communicate with a lawyer; and
if the detained person is a child, the child is entitled to be represented by —
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;
and
if the detained person is an impaired person, the impaired person is entitled to be represented by a responsible person.
A person who is detained under section 185(1) or 190(1)(o) must be immediately released from that detention if —
following a review under subsection (1)(a), the Chief Health Officer determines that the detention of the person is no longer required; or
for any other reason, the detention of the person is no longer required.
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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