South Australian Consolidated Acts South Australian Consolidated Acts29—Effect of preventative detention order to be explained to person
detained
(1) As soon as
practicable after a person is first taken into custody under a preventative
detention order, the police officer who is detaining the person under the
order must inform the person of the matters covered by subsection (2).
Notes—
1 A contravention of this subsection may be an
offence under section 45.
2 A contravention of this subsection does not
affect the lawfulness of the person’s detention under the order (see
section 31(5)).
(2) The matters
covered by this subsection are—
(a) the
fact that the preventative detention order has been made in relation to the
person; and
(b) the
fact that the person will have an opportunity to be heard on a review of the
order under Part 3; and
(c) the
period during which the person may be detained under the order; and
(d) the
restrictions that apply to the people the person may contact while the person
is being detained under the order; and
(da) the
person's entitlement to make representations to the nominated
senior police officer in relation to the order with a view to having the order
revoked; and
(e) if
the period of detention is less than the maximum permissible under this
Act—the fact that an application may be made for an extension of the
period of detention; and
(f) the
person’s right to make a complaint orally or in writing under Part 4 of
the Police (Complaints and Disciplinary Proceedings) Act 1985 in
relation to—
(i)
the application for, or the making of, the preventative
detention order; or
(ii)
the treatment of the person by a police officer in
connection with the person's detention under the order; and
(g) the
fact that the person may seek from a court a remedy relating to—
(i)
the order; or
(ii)
the treatment of the person in connection with the
person's detention under the order; and
(h) the
person’s entitlement under section 37 to contact a lawyer; and
(i)
the name and work telephone number of the
senior police officer nominated under section 19(2) to oversee the
exercise of powers under and the performance of obligations in relation to the
order.
Note—
Paragraph (g)—see section 51.
(2a) Without limiting
subsection (2)(d), the police officer detaining the person under the
order must inform the person about the persons that he or she may contact
under section 35 or 39.
(3)
Subsection (2)(d) does not require the police officer to inform the
person being detained of—
(a) the
fact that a prohibited contact order has been made in relation to the person's
detention; or
(b) the
name of a person specified in a prohibited contact order that has been made in
relation to the person's detention.