NSWIn ForceRegulation
Law Enforcement (Powers and Responsibilities) Regulation 2016
52Records relating to detention of intoxicated persons
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#### 52 Records relating to detention of intoxicated persons
52 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—
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> > > (a) the name and rank of the police officer,
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> > > (b) the name and date of birth of the intoxicated person (if they can be ascertained after making reasonable inquiries),
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> > > (c) the grounds on which the intoxicated person is detained,
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> > > (d) the date and time when the following occur—
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> > > > (i) the intoxicated person’s detention commences,
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> > > > (ii) the intoxicated person is brought to the authorised place of detention,
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> > > (e) the name and address of the authorised place of detention.
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> > (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—
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> > > (a) the name and rank of the responsible detention officer,
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> > > (b) the name and rank of the police officer who brings the intoxicated person to the authorised place of detention,
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> > > (c) the name and date of birth of the intoxicated person (if they can be ascertained after making reasonable inquiries),
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> > > (d) the date and time when the following occur—
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> > > > (i) the intoxicated person is brought to the authorised place of detention,
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> > > > (ii) the intoxicated person is released from detention,
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> > > (e) the name of each detention officer at the authorised place of detention who is responsible for the intoxicated person’s detention,
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> > > (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.
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> > (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—
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> > > (a) the name and rank of the person who carries out the search (the searching detention officer),
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> > > (b) the name and date of birth of the intoxicated person (if they can be ascertained after making reasonable inquiries),
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> > > (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.
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> > (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.
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> > (5) In this clause—
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> > detention officer has the same meaning as it has in Part 16 of the Act.