Western Australian Numbered Acts

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TERRORISM (PREVENTATIVE DETENTION) ACT 2006 (NO. 42 OF 2006) - SECT 39

39 .         Humane treatment of detainee

        (1)         The detainee —

            (a)         must be treated with humanity and with respect for human dignity; and

            (b)         must not be subjected to cruel, inhuman or degrading treatment,

                by anyone exercising authority under the PDO or implementing or enforcing the PDO.

        (2)         The Inspector of Custodial Services may, at any time, review the detainee’s detention under the PDO to determine whether subsection (1) is being complied with in relation to the detainee.

        (3)         The Inspector of Custodial Services may, at any time, report to —

            (a)         the Commissioner; and

            (b)         the senior police officer nominated under section 24(2) in relation to the PDO,

                on any matter relating to a review under subsection (2) and give advice or make recommendations as the Inspector of Custodial Services considers appropriate in relation to the matter.

        (4)         For the purposes of this section the Inspector of Custodial Services may exercise any power conferred by the Inspector of Custodial Services Act 2003 whether or not the place where the detainee is being detained is a place referred to in section 19 of that Act.



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