PUBLIC HEALTH ACT 2016 - SECT 192

PUBLIC HEALTH ACT 2016 - SECT 192

192 .         Review of detention

        (1)         If a person is detained under section 185(1) or 190(1)(o) —

            (a)         the Chief Health Officer must review the person’s detention at intervals not greater than 24 hours to determine whether the detention of the person continues to be required; and

            (b)         the person is entitled to obtain legal advice and to communicate with a lawyer; and

            (c)         if the detained person is a child, the child is entitled to be represented by —

                  (i)         a parent or guardian of the child; or

                  (ii)         another person who has responsibility for the day-to-day care of the child; or

                  (iii)         if no person mentioned in another subparagraph of this paragraph is available, a person, or a person in a class of persons, prescribed by the regulations for the purposes of this subparagraph;

                and

            (d)         if the detained person is an impaired person, the impaired person is entitled to be represented by a responsible person.

        (2)         A person who is detained under section 185(1) or 190(1)(o) must be immediately released from that detention if —

            (a)         following a review under subsection (1)(a), the Chief Health Officer determines that the detention of the person is no longer required; or

            (b)         for any other reason, the detention of the person is no longer required.