13FNature of preventative detention order

13F Nature of preventative detention order (1) A preventative detention order is an order that the person in relation to whom it is made may be— S. 13F(1)(a) substituted by No. 32/2018 s. 14(1)(a). (a) taken into custody unless the person is already being detained under— (i) a preventative detention order, or an order for the person's detention made under a corresponding preventative detention law, that is in force or was in force immediately before the making of the new order; or (ii) Part 2AA; and S. 13F(1)(b) amended by No. 32/2018 s. 14(1)(b). (b) detained under the preventative detention order during the period that— (i) starts when the person is first taken into custody or detained under the order (the ***start***); and (ii) ends a specified period of time after the start. (2) The order must be in writing. (3) Subject to section 13G, the period of time specified in the order under subsection (1)(b)(ii) must not exceed 14 days. (4) A preventative detention order must set out— S. 13F(4)(a) amended by No. 70/2015 s. 7. (a) the name of the person in relation to whom it is made or, if the name of the person is uncertain, any name or names by which the person is known to Victoria Police; and (b) the period during which the person may be detained under the order; and (c) the place or places where the person may be, or must not be, detained under the order or, if the person is under 18 years of age, the place or class of place where the person must be detained under the order; and See subsection (8) for rules as to where a person under 18 years of age may be detained. (d) the date on which, and the time at which, the order is made; and S. 13F(4)(da) inserted by No. 32/2018 s. 14(2)(a). (da) the fact that the person may be questioned by a police officer while detained under the order if the order is not subject to a condition referred to in section 13E(2A)(a); and (e) whether the person is allowed to have any further contact with a person under section 13ZD(4) and, if so— (i) the person or persons with whom he or she may have contact; (ii) the period for which he or she may have contact on any day and the number of days on which he or she may have such contact; (iii) any other conditions applicable to the contact; and (f) if applicable, particulars of the order for the person's detention made under a corresponding preventative detention law on the ceasing to have effect of which the order is to start to have effect; and See section 13H(1). (g) if applicable, the date and time after which the person may not be taken into custody under the order; and See section 13H(2). S. 13F(4)(ga) inserted by No. 32/2018 s. 14(2)(b). (ga) any questioning prohibition condition or questioning limitation condition to which it is subject; and S. 13F(4)(gb) inserted by No. 32/2018 s. 14(2)(b). (gb) if the order is in relation to a child, any condition under section 13E(2C) to which it is subject; and (h) a summary of the grounds on which the order is made. S. 13F(5) substituted by No. 32/2018 s. 14(3). (5) To avoid doubt, subsection (4)(h) does not require counter-terrorism intelligence to be included in the summary. (6) A preventative detention order may contain a provision directing that the contact that the person in relation to whom it is made has with a lawyer under section 13ZF must not be monitored in accordance with section 13ZG if the Supreme Court is satisfied that it is appropriate to give such a direction. (7) If the person in relation to whom the order is made is— (a) under 18 years of age; or (b) incapable of managing his or her affairs— the order may provide that the period each day for which the person is entitled to have contact with another person under section 13ZH(2) is the period of more than 2 hours that is specified in the order. S. 13F(8) amended by Nos 30/2006 s. 6(2), 48/2006 s. 42(Sch. item 35.3(a)), 32/2018 s. 79(1), 47/2021 s. 22(11). (8) If the person in relation to whom the order is made is under 18 years of age, the order must provide that the person must be detained in a youth justice facility unless the Supreme Court, having considered any evidence given or submissions made by or on behalf of the Secretary, is satisfied that it is reasonably necessary for the person to be detained at a place other than a youth justice facility having regard to— (a) the person's age and vulnerability; S. 13F(8)(b) amended by No. 48/2006 s. 42(Sch. item 35.3(a)). (b) the likely impact that detention in a place other than a youth justice facility will have on the person; (c) the grounds on which the order is made; (d) the risk posed by the person to— (i) the national or international security of Australia; or S. 13F(8)(d)(ii) amended by No. 48/2006 s. 42(Sch. item 35.3(a)). (ii) other persons detained in a youth justice facility; or S. 13F(8)(d)(iii) amended by No. 48/2006 s. 42(Sch. item 35.3(a)). (iii) the good order and safe operation of a youth justice facility; S. 13F(8)(e) amended by No. 48/2006 s. 42(Sch. item 35.3(a)). (e) the availability of a place in a youth justice facility for the person to be detained in compliance with the terms of the order; (f) any other factor that the Supreme Court considers relevant. S. 13F(8A) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 55.1). (8A) Nothing in subsection (8) prevents the application of Part 3.10 of the **Evidence Act 2008**. S. 13F(9) amended by No. 48/2006 s. 42(Sch. item 35.3(b)), substituted by No. 32/2018 s. 14(4). (9) Nothing in this Part or a preventative detention order prevents a person detained under a preventative detention order being taken to a place and detained there in connection with the carrying out of an examination for, or the provision of, any necessary medical, dental, psychiatric, physiological or pharmaceutical services. Division 3 of Part 8 of the **Corrections Act 1986** (as modified by section 13W(6) of this Act) provides for the issue of a custodial community permit to a person detained in a prison for a purpose relating to his or her health. Section 597 of the **Children, Youth and Families Act 2005** (as applied by section 13WA(5) of this Act) provides for medical services and operations in the case of a person detained in a youth justice facility. (10) The senior police officer nominated under section 13P(4) in relation to the preventative detention order must— S. 13F(10)(a) amended by Nos 34/2008 s. 143(Sch. 2 item 13.1), 82/2012 s. 167(2)(a). (a) notify the Ombudsman under the **Ombudsman Act 1973** and the IBAC in writing of the making of the order; and S. 13F(10)(b) amended by No. 82/2012 s. 167(2)(b). (b) give the Ombudsman and the IBAC a copy of the order; and S. 13F(10)(c) amended by No. 82/2012 s. 167(2)(b). (c) if the person in relation to whom the order is made is taken into custody under the order, notify the Ombudsman and the IBAC in writing that the person has been taken into custody under the order. S. 13F(11) inserted by No. 32/2018 s. 14(5). (11) In addition, in the case of a preventative detention order relating to a child, the senior police officer nominated under section 13P(4) in relation to that order must— (a) notify the Commission for Children and Young People, in writing, of the making of the order; and (b) give the Commission for Children and Young People a copy of the order; and (c) if the child is taken into custody under the order, notify the Commission for Children and Young People, in writing, that the child has been taken into custody under the order. S. 13G inserted by No. 5/2006 s. 4.