Inhumane treatment of person detained under a preventative detention order is an offence under section 105.45(a)(b)(iv) 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:
Section 105.33 states that a person who is exercising authority under, or implementing or enforcing, a preventative detention order:
Duress, self-defence and necessity are legal defences to the charge.
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