POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 605
Duties in relation to person detained under s 604
POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 605
Duties in relation to person detained under s 604
605 Duties in relation to person detained under s 604
(1) It is the duty of
the police officer who detains a person under section 604, at the earliest
reasonable opportunity—
(a) to take the person to a place of safety; and
(b) to release the person at the place of safety.
Example—
The place of
safety may be a vehicle under the control of someone other than a police
officer that is used to transport persons to another place of safety.
(2)
Subsection (1) does not apply if the police officer is satisfied—
(a) a
person at a place of safety refuses, or is unable, to provide care for the
relevant person; or
(b) the relevant person’s behaviour may pose a risk of
harm, including, but not limited to, domestic violence or associated domestic
violence, to other persons at a place of safety; or
(c) the police officer is
unable to find a place of safety that is willing to provide care for the
relevant person.
(3) If this section does not apply because of subsection (2)
, the person must be released.
(4) Before the police officer releases the
person, the police officer must ensure the person apparently in possession or
in charge of the relevant place of safety gives a police officer a signed
undertaking in the approved form to provide care for the relevant person.
(5)
If the place of safety is not the person’s home, the person apparently in
possession or in charge of the place of safety may lawfully provide care for
the person until the person voluntarily leaves the place.
(6) As soon as
practicable after a person is released under subsection (1) or (3) , the
police officer must enter in a register kept for this section the particulars
prescribed under a regulation for this section.
