Legal proceedings in relation to preventative detention orders
57 Legal proceedings in relation to preventative detention orders
Proceedings may be brought in a court for a remedy in relation to —
a preventative detention order; or
the treatment of a person in connection with the person’s detention under a preventative detention order.
Without limiting subsection (1) if, under section 22(8), the Supreme Court has quashed a preventative detention order, or declared a preventative detention order to have been void, the person referred to in that section as the subject may apply to the Supreme Court for compensation.
On an application under subsection (2) the applicant is not entitled to compensation merely because the preventative detention order was quashed or declared to have been void but the Supreme Court may determine that the State should compensate the applicant if it considers that compensation is warranted in the particular circumstances of the case.
If the Supreme Court makes a determination under subsection (3), the State is liable to pay the compensation determined by the Court.
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