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Failing to Inform a Person They Have Been Detained Under a Preventative Detention Order

Failing to inform a person they have been detained under a preventative detention order is an offence under section 105.45(a)(b)(i) of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 2 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that you contravened the safeguard contained in section 105.28(1) of the Act.

Which is:

  1. That you were a police officer, and,
  2. That you failed to inform a person detained under a preventative detention order, as soon as practicable:
  1. That a preventative detention order had been made in relation to him or her,
  2. Of the period for which he or she could be detained under the order,
  3. Of the restrictions relating to contact under the order,
  4. That an application can be made to extend the order,
  5. That the detained person can make representations to a senior AFP member with a view to having the order revoked,
  6. That the detained person has rights to complain to the Commonwealth Ombudsman regarding the detention and treatment during the detention,
  7. That the detained person may give information to the AFP regarding the order,
  8. That the detained person may make a complaint to an authorised officer regarding his or her treatment,
  9. That the detained person may seek an order from the federal court regarding the order or his or her treatment,
  10. That the detained person may contact a lawyer, and,
  11. That the detained person may seek the contact details of the AFP member to whom they may make a complaint.

Duress, self-defence and necessity are legal defences to the charge.

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