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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 129I

Requirements for written report given under this division

129I Requirements for written report given under this division

(1) This section states the requirements for a written report for a detention under this part of a person (the
"detained person" ) that is required to be given under this division.
(2) Subject to subsection (3) , the written report must include all of the following information—
(a) the transit officer’s name;
(b) the transit officer’s unique identification number;
(c) the address of the place the transit officer receives instructions from, or reports to, on the day the detention happened;
(d) if known by the transit officer, the name, address, age and date of birth of the detained person;
(e) details of the conduct of the detained person that led to the detention, including—
(i) details of any direction that has been given to the detained person that is relevant to the detained person’s conduct; and
(ii) any other matters the transit officer considered in deciding to detain the person;
(f) details of any evidence of the detained person’s conduct mentioned in paragraph (e) ;
(g) if the detained person is a child or a person with impaired capacity, the details of any action taken under division 3 by the transit officer in relation to the detained person;
(h) when and where the detained person was first detained;
(i) each place to which the person was taken during the detention, and the time spent at each place;
(j) any event or consideration that affected the length of the detention;
(k) if the detained person is detained until a police officer arrives to deal with the person under section 129E
(i) the name and rank of the police officer; and
(ii) when the police officer arrived to deal with the detained person; and
(iii) if the police officer took the detained person into the police officer’s custody—when the police officer took the detained person into the police officer’s custody;
(l) if the detained person is released from the detention under section 129E
(i) the name and rank of the police officer who told the transit officer to release the person; and
(ii) when the detained person was released from the detention;
(m) details of any physical injury suffered by the detained person, or damage caused to the person’s property, during the detention;
(n) whether the transit officer exercised a power under section 129O in relation to the detained person and, if so—
(i) the reason for exercising the power; and
(ii) when and where the power was exercised; and
(iii) whether the exercise of the power required the removal of an outer garment worn by the detained person or a frisk search of the detained person;
(o) whether, under section 129T , the transit officer took and retained an article and, if so, a description of the article.
(3) A written report given under section 129F must not include information mentioned in subsection (2) (a) or (c) .



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