QLDIn ForceAct
Public Health Act 2005
sec.360Obligations of emergency officer (medical) in relation to person detained
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### sec.360 Obligations of emergency officer (medical) in relation to person detained
The emergency officer (medical) must—
as soon as possible having regard to all the circumstances, inform the person detained—
that the person may apply to a magistrate for an order ending the person’s detention and how the person may apply; and
of the person’s right to consult a lawyer or other person of the person’s choice; and
that, for the person to be detained beyond 96 hours, the emergency officer (medical) must apply to a magistrate to extend the detention order; and
as soon as reasonably practicable inform the next of kin of the detained person or someone else nominated by the person—
that the person is detained under this part and where the person is detained; and
of the things mentioned in paragraph (a) ; and
of how to obtain information about the person detained, including who to contact to obtain the information; and
as soon as reasonably practicable give the detained person a reasonable opportunity to contact persons with whom the detained person wants to communicate.
It may be reasonably practicable for a person with a highly contagious condition to contact a person by telephone but not to have personal contact.
s 360 amd 2020 No. 16 ss 61 , 66
- (a) as soon as possible having regard to all the circumstances, inform the person detained— (i) that the person may apply to a magistrate for an order ending the person’s detention and how the person may apply; and (ii) of the person’s right to consult a lawyer or other person of the person’s choice; and (iii) that, for the person to be detained beyond 96 hours, the emergency officer (medical) must apply to a magistrate to extend the detention order; and
- (i) that the person may apply to a magistrate for an order ending the person’s detention and how the person may apply; and
- (ii) of the person’s right to consult a lawyer or other person of the person’s choice; and
- (iii) that, for the person to be detained beyond 96 hours, the emergency officer (medical) must apply to a magistrate to extend the detention order; and
- (b) as soon as reasonably practicable inform the next of kin of the detained person or someone else nominated by the person— (i) that the person is detained under this part and where the person is detained; and (ii) of the things mentioned in paragraph (a) ; and (iii) of how to obtain information about the person detained, including who to contact to obtain the information; and
- (i) that the person is detained under this part and where the person is detained; and
- (ii) of the things mentioned in paragraph (a) ; and
- (iii) of how to obtain information about the person detained, including who to contact to obtain the information; and
- (c) as soon as reasonably practicable give the detained person a reasonable opportunity to contact persons with whom the detained person wants to communicate. Example for paragraph (c) — It may be reasonably practicable for a person with a highly contagious condition to contact a person by telephone but not to have personal contact.
- (i) that the person may apply to a magistrate for an order ending the person’s detention and how the person may apply; and
- (ii) of the person’s right to consult a lawyer or other person of the person’s choice; and
- (iii) that, for the person to be detained beyond 96 hours, the emergency officer (medical) must apply to a magistrate to extend the detention order; and
- (i) that the person is detained under this part and where the person is detained; and
- (ii) of the things mentioned in paragraph (a) ; and
- (iii) of how to obtain information about the person detained, including who to contact to obtain the information; and