Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 104

Use of force in detaining person

  (1)   A person (the officer ) referred to in subsection   103(3) must not use more force, or subject an individual (the detainee ) to greater indignity, than is necessary and reasonable to detain the detainee or prevent the detainee from escaping.

Place of detention

  (2)   The officer who detains a detainee must take the detainee, as soon as possible, to a place that:

  (a)   in the officer's opinion, affords adequate personal privacy to the detainee; and

  (b)   either:

  (i)   if the detainee was detained for failing to comply with a requirement to remain at a place under section   68--is at the place where the detainee was when the officer referred to in that section became satisfied that a human biosecurity control order should be imposed on the detainee; or

  (ii)   if the detainee was detained for failing to comply with an isolation measure--is at the medical facility specified in the human biosecurity control order that is in force in relation to the detainee.

Note:   For when an individual must be released from detention, see section   105.

Right to communicate

  (3)   As soon as possible after detaining a detainee, the officer who detains the detainee must inform the detainee that the detainee may communicate, or attempt to communicate, with any person.

  (4)   If the detainee wishes to communicate with any person, the officer must, as soon as possible, give the detainee reasonable facilities to enable the detainee to do so.