36Nominated senior police officer

36 Nominated senior police officer (1) If a preventative detention order is made for a person (the detained person), the chief police officer must nominate a senior police officer (the nominated senior police officer) to supervise the exercise of functions in relation to the preventative detention order. (2) The nominated senior police officer must be someone who was not involved in the making of the application for the preventative detention order.

(3) The nominated senior police officer must— (a) tell the detained person about his or her nomination as nominated senior police officer; and (b) supervise the exercise of functions in relation to the preventative detention order; and (c) without limiting paragraph (b), ensure compliance with section 31 (2) (Setting aside or amending preventative detention orders) and section 34 (2) (Setting aside prohibited contact orders) in relation to the preventative detention order; and (d) receive and consider any representations made under subsection (4) in relation to— (i) anything mentioned in paragraph (b) or (c); or (ii) the treatment of the person by anyone exercising authority under the order or implementing or enforcing it. (4) For subsection (3) (d), representations may be made to the nominated senior police officer by any of the following: (a) the detained person; (b) a lawyer acting for the detained person; (c) the ombudsman; (d) if the detained person has impaired decision-making ability— the public advocate or a person with whom the detained person has contact under section 53 (Special contact rules for people with impaired decision-making ability); (e) a person exercising authority under the order or implementing or enforcing it. (5) The chief police officer may exercise the power under subsection (1) to replace a nominated senior police officer with another nominated senior police officer (a new nominated senior police officer).

(6) A new nominated senior police officer must tell the detained person of the senior police officer’s nomination. (7) The nominated senior police officer (including a new nominated senior police officer) must arrange for the assistance of an interpreter in complying with this section if the officer suspects, or has grounds to suspect, that the detained person cannot, because of inadequate knowledge of the English language or a disability, communicate with reasonable fluency in English. (8) Without limiting subsection (7), the assistance of the interpreter may be provided by phone if— (a) the detained person agrees; or (b) it is not practicable to arrange for the interpreter to attend in (9) The lawfulness of a person’s detention under a preventative detention order is not affected by a failure to comply with subsection (7).