DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 84 Power to remove and detain

DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 84

    (1)     This section applies if:

        (a)     a police officer reasonably believes:

            (i)     grounds exist for making a DVO against a person; and

            (ii)     it is necessary to remove the person to prevent an imminent risk of harm to another person or damage to property, including the injury or death of an animal; or

        (b)     a DVO has been made against a person and a police officer reasonably believes it is necessary to detain the person to give the person a copy of the DVO; or

        (c)     a DVO has been made against a person and a police officer reasonably believes it is necessary to detain the person until an application for the variation of the DVO can be made and decided under Part 2.9.

    (2)     The police officer may, using reasonable force or assistance, do the following:

        (a)     enter premises on or in which the officer reasonably believes the person to be;

        (b)     take the person into custody;

        (c)     remove the person to the nearest police station or other place where the person can be conveniently detained to facilitate:

            (i)     if subsection (1)(a) applies – the making of a DVO and, if made, the giving of a copy of the DVO to the respondent; or

            (ii)     if subsection (1)(b) applies – the giving of a copy of the DVO to the respondent; or

            (iii)     if subsection (1)(c) applies – the making of an application for a variation of the DVO and, if varied, the giving of a copy of the varied DVO to the respondent.

    (3)     Subject to subsection (4), the person must not be detained for more than 4 hours after being taken into custody.

    (4)     The person may be detained for a longer time if a police officer is satisfied it is necessary to do so to enable a police officer to properly give a copy of the DVO to the person because of the person's apparent intoxication.

    (5)     However, the person may be detained for more than 6 hours after being taken into custody only if a police officer:

        (a)     is satisfied the person is still intoxicated; and

        (b)     informs a senior police officer of the need to continue to detain the person; and

        (c)     records the following information about the person's continued detention in the custody log (however described):

            (i)     the time and way the officer informed the senior police officer;

            (ii)     the details of the information given to the senior police officer; and

        (d)     arranges for a health practitioner (the examining health practitioner ) to examine the person as soon as practicable.

    (6)     The senior police officer must ensure the person is released from custody:

        (a)     into the care of a health practitioner if, on examination, the examining health practitioner is satisfied the person's condition requires medical treatment; or

        (b)     on the earlier of the following:

            (i)     the person ceases to be intoxicated;

            (ii)     10 hours after being taken into custody.

    (7)     In this section:

"health practitioner" means:

        (a)     a medical practitioner; or

        (b)     a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession (other than as a student); or

        (c)     a person registered under the Health Practitioner Regulation National Law to practise in the Aboriginal and Torres Strait Islander health practice profession (other than as a student).

"intoxication" means intoxication because of the influence of alcohol, a drug or another substance or any combination of them.

"senior police officer" means a police officer of or above the rank of superintendent.