New South Wales Consolidated Regulations

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) REGULATION 2005 - REG 39A

39A Records relating to detention of intoxicated persons

(1) For the purposes of section 209 of the Act, the following particulars must be contained in a record made by a police officer referred to in section 209 (1) (a) of the Act in relation to the detention of an intoxicated person:

(a) the name and rank of the police officer,

(b) the name and date of birth of the intoxicated person (if they can be ascertained after making reasonable inquiries),

(c) the grounds on which the person is detained,

(d) the date and time when the following occur:

(i) the person’s detention commences,

(ii) the person is brought to the authorised place of detention,

(e) the name and address of the authorised place of detention.

(2) For the purposes of section 209 of the Act, the following particulars must be contained in a record made by a person referred to in section 209 (1) (b) of the Act ( "the responsible detention officer") in relation to the detention of an intoxicated person at an authorised place of detention:

(a) the name and rank of the responsible detention officer,

(b) the name and rank of the police officer who brings the intoxicated person to the authorised place of detention,

(c) the name and date of birth of the intoxicated person (if they can be ascertained after making reasonable inquiries),

(d) the date and time when the following occur:

(i) the intoxicated person is brought to the authorised place of detention,

(ii) the intoxicated person is released from detention,

(e) the name of each detention officer at the authorised place of detention who is responsible for the intoxicated person’s detention,

(f) details of any arrangement by a detention officer at the authorised place of detention for medical treatment or medication to be administered to the intoxicated person and the time at which the arrangement is made.

(3) For the purposes of section 209 of the Act, a record made in relation to the search of an intoxicated person by a person referred to in section 209 (1) (c) of the Act must contain the following particulars:

(a) the name and rank of the person who carries out the search ( "the searching detention officer"),

(b) the name and date of birth of the intoxicated person (if they can be ascertained after making reasonable inquiries),

(c) a description of any personal belongings of the intoxicated person of which the searching detention officer has taken possession as a result of a search of the intoxicated person.

(4) Nothing in this clause requires a detention officer to make a record, in relation to the detention of an intoxicated person, containing any particular that is contained in a record made in relation to the same detention of the intoxicated person by a detention officer of the same kind.

(5) In this clause:
"detention officer" has the same meaning as it has in Part 16 of the Act.