sec.640Transfer of persons in watch-houses

### sec.640 Transfer of persons in watch-houses A watch-house manager may transfer a person in custody in a watch-house from the watch-house— to another watch-house; or to a holding cell at a police station; or to a court cell; or to another place at which the person may receive treatment necessary for the person’s welfare; or to a corrective services facility; or into the custody of a police officer for the purposes of chapter 15 . A person may be transferred from the watch-house at Holland Park to the Brisbane City watch-house because there are not enough cells or staff available at Holland Park to provide proper security at the watch-house or care for persons in custody. A person held in custody at a watch-house may be transferred to a hospital to receive necessary medical treatment. A failure of a watch-house manager to provide procedural fairness to a child transferred under subsection (1) (a) or (b) does not affect the validity of the decision to transfer the child. For the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that subsection (1) (a) and (b) has effect in relation to the transfer of a child— despite being incompatible with human rights; and despite anything else in the Human Rights Act 2019 . This subsection and subsections (3) and (5) expire on 31 December 2026. A regulation may postpone the expiry of this subsection and subsections (3) and (4) but can not postpone the expiry for more than 1 year after 31 December 2026. s 640 (prev s 333) amd 2000 No. 22 s 3 sch renum 2000 No. 22 s 22 amd 2000 No. 63 s 276 sch 2 ; 2006 No. 26 s 60 ; 2019 No. 38 s 79 ; 2023 No. 21 s 50M (3)–(5) exp 31 December 2026 (see s 640(4)) (sec.640-ssec.1) A watch-house manager may transfer a person in custody in a watch-house from the watch-house— to another watch-house; or to a holding cell at a police station; or to a court cell; or to another place at which the person may receive treatment necessary for the person’s welfare; or to a corrective services facility; or into the custody of a police officer for the purposes of chapter 15 . A person may be transferred from the watch-house at Holland Park to the Brisbane City watch-house because there are not enough cells or staff available at Holland Park to provide proper security at the watch-house or care for persons in custody. A person held in custody at a watch-house may be transferred to a hospital to receive necessary medical treatment. (sec.640-ssec.2) A failure of a watch-house manager to provide procedural fairness to a child transferred under subsection (1) (a) or (b) does not affect the validity of the decision to transfer the child. (sec.640-ssec.3) For the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that subsection (1) (a) and (b) has effect in relation to the transfer of a child— despite being incompatible with human rights; and despite anything else in the Human Rights Act 2019 . (sec.640-ssec.4) This subsection and subsections (3) and (5) expire on 31 December 2026. (sec.640-ssec.5) A regulation may postpone the expiry of this subsection and subsections (3) and (4) but can not postpone the expiry for more than 1 year after 31 December 2026. - (a) to another watch-house; or - (b) to a holding cell at a police station; or - (c) to a court cell; or - (d) to another place at which the person may receive treatment necessary for the person’s welfare; or - (e) to a corrective services facility; or - (f) into the custody of a police officer for the purposes of chapter 15 . - 1 A person may be transferred from the watch-house at Holland Park to the Brisbane City watch-house because there are not enough cells or staff available at Holland Park to provide proper security at the watch-house or care for persons in custody. - 2 A person held in custody at a watch-house may be transferred to a hospital to receive necessary medical treatment. - (a) despite being incompatible with human rights; and - (b) despite anything else in the Human Rights Act 2019 .