QLDIn ForceAct
Public Safety Preservation Act 1986
sec.38CBRE commander’s obligations in relation to relevant person
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### sec.38 CBRE commander’s obligations in relation to relevant person
The CBRE commander must—
as soon as possible having regard to all the circumstances, inform the relevant person—
the person may apply to a Supreme Court judge for an order ending the person’s detention and how the person may apply; and
of the person’s right to consult a lawyer of the person’s choice; and
that for the person to be detained beyond the first 48 hours of the CBR emergency, the commissioner must apply to a Supreme Court judge for approval for the CBRE commander to continue to exercise the detention power; and
as soon as reasonably practicable inform the relevant person’s next of kin or someone else nominated by the person—
that the relevant 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 relevant person, including who to contact to obtain the information; and
make any reasonably necessary arrangements in the interest of the person’s welfare.
Subsection (1) (c) applies subject to any direction given by the medical controller or a CBRE health officer.
s 38 ins 2003 No. 46 s 13
amd 2007 No. 34 s 7 sch
(sec.38-ssec.1) The CBRE commander must— as soon as possible having regard to all the circumstances, inform the relevant person— the person may apply to a Supreme Court judge for an order ending the person’s detention and how the person may apply; and of the person’s right to consult a lawyer of the person’s choice; and that for the person to be detained beyond the first 48 hours of the CBR emergency, the commissioner must apply to a Supreme Court judge for approval for the CBRE commander to continue to exercise the detention power; and as soon as reasonably practicable inform the relevant person’s next of kin or someone else nominated by the person— that the relevant 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 relevant person, including who to contact to obtain the information; and make any reasonably necessary arrangements in the interest of the person’s welfare.
(sec.38-ssec.2) Subsection (1) (c) applies subject to any direction given by the medical controller or a CBRE health officer.
- (a) as soon as possible having regard to all the circumstances, inform the relevant person— (i) the person may apply to a Supreme Court judge 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 of the person’s choice; and (iii) that for the person to be detained beyond the first 48 hours of the CBR emergency, the commissioner must apply to a Supreme Court judge for approval for the CBRE commander to continue to exercise the detention power; and
- (i) the person may apply to a Supreme Court judge 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 of the person’s choice; and
- (iii) that for the person to be detained beyond the first 48 hours of the CBR emergency, the commissioner must apply to a Supreme Court judge for approval for the CBRE commander to continue to exercise the detention power; and
- (b) as soon as reasonably practicable inform the relevant person’s next of kin or someone else nominated by the person— (i) that the relevant 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 relevant person, including who to contact to obtain the information; and
- (i) that the relevant 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 relevant person, including who to contact to obtain the information; and
- (c) make any reasonably necessary arrangements in the interest of the person’s welfare.
- (i) the person may apply to a Supreme Court judge 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 of the person’s choice; and
- (iii) that for the person to be detained beyond the first 48 hours of the CBR emergency, the commissioner must apply to a Supreme Court judge for approval for the CBRE commander to continue to exercise the detention power; and
- (i) that the relevant 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 relevant person, including who to contact to obtain the information; and