FAMILY LAW ACT 1975 - SECT 122A Making arrests under this Act or warrants
FAMILY LAW ACT 1975 - SECT 122A
Making arrests under this Act or warrants(1) This section and section 122AA apply to any of the following persons (the arrester ) who is authorised by this Act, or by a warrant issued under this Act or the applicable Rules of Court, to arrest another person (the arrestee ):
(a) the Marshal of the Federal Circuit and Family Court of Australia (Division 1);
(b) a Deputy Marshal of the Federal Circuit and Family Court of Australia (Division 1);
(c) the Sheriff of the Federal Circuit and Family Court of Australia (Division 2);
(d) a Deputy Sheriff of the Federal Circuit and Family Court of Australia (Division 2);
(e) the Sheriff of a court of a State or Territory;
(f) a Deputy Sheriff of a court of a State or Territory;
(g) a police officer;
(i) an APS employee in the Department administered by the Minister administering the Australian Border Force Act 2015 and who is in the Australian Border Force (within the meaning of that Act).
(2) In the course of arresting the arrestee, the arrester:
(a) must not use more force, or subject the arrestee to greater indignity, than is necessary and reasonable to make the arrest or to prevent the arrestee's escape after the arrest; and
(b) must not do anything that is likely to cause the death of, or grievous bodily harm to, the arrestee unless the arrester reasonably believes that doing that thing is necessary to protect life or prevent serious injury to another person (including the arrester); and
(c) if the arrestee is attempting to escape arrest by fleeing--must not do a thing described in paragraph (b) unless:
(i) the arrester reasonably believes that doing that thing is necessary to protect life or prevent serious injury to another person (including the arrester); and
(ii) the arrestee has, if practicable, been called on to surrender and the arrester reasonably believes that the arrestee cannot be arrested in any other way.
Informing the arrestee of grounds for arrest
(3) When arresting the arrestee, the arrester must inform the arrestee of the grounds for the arrest.
(4) It is sufficient if the arrestee is informed of the substance of those grounds, not necessarily in precise or technical language.
(5) Subsection (3) does not apply if:
(a) it is reasonable, in the circumstances, to assume that the arrestee knows the substance of the grounds for the arrest; or
(b) the arrestee's actions make it impracticable for the
arrester to inform the arrestee of those grounds.