Victorian Current Acts

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 200B

S. 200B(1) amended by No. 53/2021 s. 14B(1)(2).

    (1)     A person who is subject to detention under section 200(1)(a) may make an application to the Detention Appeals Registrar for a review by a Detention Appeals Officer of—

        (a)     the decision under section 200(1)(a) to make the person subject to detention including, but not limited to, in respect of the following—

              (i)     the reasons for the detention;

              (ii)     the period of the detention;

              (iii)     the place of the detention;

              (iv)     the conditions of the detention; or

        (b)     a decision under section 200(1)(d) that relates to the person's detention.

    (2)     An application under subsection (1) cannot be made in respect of a decision under section 200(6) that the continued detention of a person is reasonably necessary to eliminate or reduce a serious risk to public health.

    (3)     A person who is subject to detention under section  200(1)(a) and has made an application under subsection (1) may make further applications under subsection (1) in respect of that detention if—

        (a)     the most recent application made by the person has been determined; and

        (b)     since the most recent application was determined, new and materially different circumstances have arisen that affect the person in respect of the detention.

    (4)     An application under subsection (1)—

        (a)     must be in writing; and

        (b)     must specify the grounds on which the application is made; and

        (c)     if the application is a further application of the kind permitted by subsection (3), must include a description of the new and materially different circumstances that have arisen and affect the person in respect of the detention; and

        (d)     must include any prescribed information; and

        (e)     may include any other information that the person making the application considers appropriate.

S. 200B(5) amended by No. 53/2021 s. 14B.

    (5)     The Detention Appeals Registrar must ensure that an application made under subsection (1) is referred to a Detention Appeals Officer immediately after the application is received.

S. 200BA inserted by No. 53/2021 s. 14C.