Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 128

128 When intoxicated person may be taken to place of safety

(1) This section applies if—

(a) a person is taken into custody under section 116 ; and

(b) at any time during the detention period, or any extension of the detention period obtained under section 122 , a police officer reasonably believes—

(i) the person is intoxicated; and

(ii) it is more appropriate for the person to be taken to a place of safety at which the person can receive the care necessary to enable the person to recover safely from the effects of intoxication.

(2) The police officer must take the person to a place of safety and release the person from custody at that place.

(3) Subsection (2) does not apply if the police officer is satisfied—

(a) a person at the place of safety is unable to provide care for the person; or

(b) the person’s behaviour may pose a risk of harm, including, but not limited to, domestic violence or associated domestic violence, to other persons at the place of safety.

(4) Before the police officer releases the person, the police officer must ensure the person apparently in possession or in charge of the place of safety gives a police officer a signed undertaking in the approved form to provide care for the person.

(5) A person taken to a place of safety can not be compelled to stay there.

(6) If the place of safety is not the person’s home, the person apparently in possession or in charge of the place of safety may lawfully provide care for the person until the person voluntarily leaves the place.

(7) If a person is, under this section, released from custody at a place of safety, sections 101A, 118 , 124 and 125 do not apply.

(8) This section does not affect the power of a police officer to take any other action under this Act.

(9) In this section—

"place of safety" means a place, other than a holding cell at a police station or police establishment or a watch-house, that a police officer considers is a place at which a person can receive the care necessary to enable the person to recover safely from the effects of being intoxicated.

Examples of a place of safety—

• a place other than a hospital that provides care for persons who are drunk

• a vehicle used to transport persons to a place of safety and under the control of someone other than a police officer

• the person’s home, or the home of a relative or friend, if there is no likelihood of domestic violence or associated domestic violence happening at the place or the person is not subject to a domestic violence order preventing the person from entering or remaining at the place