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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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