sec.129QLimit on directing removal of outer garment worn by detained person who is a child or person with impaired capacity

### sec.129Q Limit on directing removal of outer garment worn by detained person who is a child or person with impaired capacity This section applies if a transit officer gives a direction to remove an outer garment under this division to a child, or a person with impaired capacity, who may not be able to understand the purpose of the direction. The transit officer must not permit the child or person to remove the outer garment other than in the presence of— if a responsible person for the child or person is at or in the immediate vicinity of the place where the outer garment is to be removed—the responsible person; or otherwise—another authorised person. In this section— responsible person means— for a child— the child’s parent or guardian; or a person who has lawful custody of the child; or a person who has the day-to-day care and control of the child; or an adult relative or friend acceptable to the child; or for a person with an impaired capacity—a guardian appointed for the person under the Guardianship and Administration Act 2000 or an adult relative or friend acceptable to the person. s 129Q ins 2008 No. 67 s 223 (sec.129Q-ssec.1) This section applies if a transit officer gives a direction to remove an outer garment under this division to a child, or a person with impaired capacity, who may not be able to understand the purpose of the direction. (sec.129Q-ssec.2) The transit officer must not permit the child or person to remove the outer garment other than in the presence of— if a responsible person for the child or person is at or in the immediate vicinity of the place where the outer garment is to be removed—the responsible person; or otherwise—another authorised person. (sec.129Q-ssec.3) In this section— responsible person means— for a child— the child’s parent or guardian; or a person who has lawful custody of the child; or a person who has the day-to-day care and control of the child; or an adult relative or friend acceptable to the child; or for a person with an impaired capacity—a guardian appointed for the person under the Guardianship and Administration Act 2000 or an adult relative or friend acceptable to the person. - (a) if a responsible person for the child or person is at or in the immediate vicinity of the place where the outer garment is to be removed—the responsible person; or - (b) otherwise—another authorised person. - (a) for a child— (i) the child’s parent or guardian; or (ii) a person who has lawful custody of the child; or (iii) a person who has the day-to-day care and control of the child; or (iv) an adult relative or friend acceptable to the child; or - (i) the child’s parent or guardian; or - (ii) a person who has lawful custody of the child; or - (iii) a person who has the day-to-day care and control of the child; or - (iv) an adult relative or friend acceptable to the child; or - (b) for a person with an impaired capacity—a guardian appointed for the person under the Guardianship and Administration Act 2000 or an adult relative or friend acceptable to the person. - (i) the child’s parent or guardian; or - (ii) a person who has lawful custody of the child; or - (iii) a person who has the day-to-day care and control of the child; or - (iv) an adult relative or friend acceptable to the child; or