43Detention arrangements

43 Detention arrangements (1) The chief police officer may, with the Minister’s written approval, make written arrangements in relation to the detention of people under preventative detention orders. (2) Before seeking the Minister’s approval to arrangements, the chief police officer must consult with the director-general, the human rights commissioner, the ombudsman and the public advocate about the arrangements. (3) The arrangements must be consistent with human rights. (4) Without limiting subsections (1) and (3), the arrangements must— (a) provide for people detained under preventative detention orders (detainees) to be detained in the ACT; and (b) identify the places in the ACT where detainees may be detained; and (c) provide for— (i) the place where each detainee is detained to be recorded; and (ii) access to the records; and (d) provide for how responsibility for detainees is to be shared between the chief police officer and the director-general; and (e) provide for how detainees are to be transferred between places where they may be detained; and

(f) provide for the ombudsman to be told about each place where a detainee is detained; and (g) provide for the human rights commissioner, the ombudsman and the public advocate to be able to visit a place where a detainee is detained; and (h) provide for the identification of everyone involved in detaining a detainee; and (i) include guidelines about the minimum conditions of detention and standards of treatment for detainees. (5) Without limiting subsection (4) (i), the guidelines must— (a) provide for detainees to be segregated from people who have been convicted of, or remanded for, offences; and (b) provide for detainees to be treated with humanity and respect for the inherent dignity of the human person; and (c) provide for standards about the contact detainees may have with other people (including contact that may be allowed under section 50 (1) (f)); and (d) take account of the sex and age of detainees; and (e) respect the cultural and religious needs of detainees; and (f) ensure that detainees are provided with appropriate health care services; and (g) ensure that detainees with disabilities are provided with appropriate support. (6) The chief police officer must ensure that a copy of the arrangements in force under this section is given to the human rights commissioner, the ombudsman and the public advocate— (a) when the arrangements are first made; and (b) whenever the arrangements are changed.

(7) If a person is detained under a preventative detention order in accordance with the arrangements made under this section— (a) the nominated senior police officer is taken, for this part, to be the police officer detaining the person; and (b) a police officer authorised, in writing, by the chief police officer may, at any time, visit the detained person to exercise functions under this part in relation to the detained person. (8) If a person is detained under a preventative detention order at a correctional centre— (a) the order is taken to authorise the person in charge of the correctional centre to detain the person while the order is in force in relation to the person and the person is detained at the correctional centre under the arrangements made under this section; and (b) section 48 (Humane treatment of detained person) applies in relation to the person’s detention at the correctional centre as if the following people were exercising authority under this order or implementing or enforcing it: (i) the person in charge of the correctional centre; (ii) anyone else involved in detaining the detained person at the correctional centre. (9) Subsection (8) is additional to, and does not limit, any other territory law. (10) A person commits an offence if— (a) the person detains someone under a preventative detention