QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.605Duties in relation to person detained under s 604
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### sec.605 Duties in relation to person detained under s 604
It is the duty of the police officer who detains a person under section 604 , at the earliest reasonable opportunity—
to take the person to a place of safety; and
to release the person at the place of safety.
However, subsection (1) does not apply if—
after making reasonable enquiries, the police officer is unable to find a place of safety located within a reasonable distance from where the person is detained; or
there is a person apparently in charge of the place of safety and the person does not agree to provide care for the person; or
the police officer is satisfied the person’s behaviour or presence poses a risk of harm to any person at the place of safety, including, for example, harm caused by domestic violence.
If subsection (1) does not apply because of subsection (2) , the person must be released.
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 by regulation.
To remove any doubt, it is declared that nothing in this section requires a person who is released at a place of safety to remain at the place.
s 605 ins 2003 No. 92 s 13
amd 2012 No. 5 s 223 ; 2023 No. 21 s 50K
(sec.605-ssec.1) It is the duty of the police officer who detains a person under section 604 , at the earliest reasonable opportunity— to take the person to a place of safety; and to release the person at the place of safety.
(sec.605-ssec.2) However, subsection (1) does not apply if— after making reasonable enquiries, the police officer is unable to find a place of safety located within a reasonable distance from where the person is detained; or there is a person apparently in charge of the place of safety and the person does not agree to provide care for the person; or the police officer is satisfied the person’s behaviour or presence poses a risk of harm to any person at the place of safety, including, for example, harm caused by domestic violence.
(sec.605-ssec.3) If subsection (1) does not apply because of subsection (2) , the person must be released.
(sec.605-ssec.4) 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 by regulation.
(sec.605-ssec.5) To remove any doubt, it is declared that nothing in this section requires a person who is released at a place of safety to remain at the place.
- (a) to take the person to a place of safety; and
- (b) to release the person at the place of safety.
- (a) after making reasonable enquiries, the police officer is unable to find a place of safety located within a reasonable distance from where the person is detained; or
- (b) there is a person apparently in charge of the place of safety and the person does not agree to provide care for the person; or
- (c) the police officer is satisfied the person’s behaviour or presence poses a risk of harm to any person at the place of safety, including, for example, harm caused by domestic violence.