An Act relating to the care and detention of intoxicated persons.
1 Name of Act
This Act may be cited as the Intoxicated Persons Act 1979.
2 Commencement
(1) This section and section 1 shall commence on the date of assent to this Act.(2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3 Definitions
In this Act:means:(a) a police station, or(b) a detention centre within the meaning of the Children (Detention Centres) Act 1987 approved for the time being by the Minister as an authorised place of detention for the purposes of this Act.detention officer means a police officer, a correctional officer (within the meaning of the Crimes (Administration of Sentences) Act 1999) or a person in charge of or employed in a detention centre (within the meaning of the Children (Detention Centres) Act 1987).intoxicated person means a person who appears to be seriously affected by alcohol or another drug or a combination of drugs.public place means:(a) a place (whether or not covered by water or built on), orthat is open to the public, or is used by the public, whether or not on payment of money or other consideration, whether or not the place is ordinarily so open or used, and whether or not the public to whom it is open consists of a limited class of persons, and includes a school (within the meaning of the Summary Offences Act 1988).(b) a part of any premises (including a structure, building, vehicle or vessel),responsible person includes any person who is capable of taking care of an intoxicated person, including:(a) a friend or family member, or(b) an official or member of staff of a government or non-government organisation or facility providing welfare or alcohol or other drug rehabilitation services.s 3: Am 1980 No 1, Sch 1 (1); 1985 No 126, Sch 1 (1); 1987 No 63, Sch 2; 1999 No 31, Sch 3.12. Subst 2000 No 34, Sch 1 [1].
4 (Repealed)
s 4: Rep 1980 No 1, Sch 1 (2).
5 Detention of intoxicated persons
(1) A police officer may detain an intoxicated person found in a public place who is:(a) behaving in a disorderly manner or in a manner likely to cause injury to the person or another person or damage to property, or(b) in need of physical protection because the person is intoxicated.(2) A police officer is not to detain a person under this section because of behaviour that constitutes an offence under any law.(3) An intoxicated person detained by a police officer under this section is to be taken to, and released into the care of, a responsible person willing immediately to undertake the care of the intoxicated person.(4) An intoxicated person detained by a police officer under this section may be taken to and detained in an authorised place of detention if:(a) it is necessary to do so temporarily for the purpose of finding a responsible person willing to undertake the care of the intoxicated person, or(b) a responsible person cannot be found to take care of the intoxicated person or the intoxicated person is not willing to be released into the care of a responsible person and it is impracticable to take the intoxicated person home, or(c) the intoxicated person is behaving or is likely to behave so violently that a responsible person would not be capable of taking care of and controlling the intoxicated person.(5) An intoxicated person who is detained in an authorised place of detention under this section may be detained there by any detention officer.(6) An intoxicated person who is detained in an authorised place of detention under this section:(a) must be given a reasonable opportunity by the person in charge of that place to contact a responsible person, and(b) must, as far as is reasonably practicable, be kept separately from any person detained at that place in connection with the commission or alleged commission of an offence, and(c) if the intoxicated person is apparently under the age of 18 years—must, as far as is reasonably practicable, be kept separately from any person over that age detained at that place, and(d) must not be detained in a cell at that place unless it is necessary to do so or unless it is impracticable to detain the person elsewhere at that place, and(e) must be provided with necessary food, drink, bedding and blankets appropriate to the person’s needs, and(f) must be released as soon as the person ceases to be an intoxicated person.(7) An intoxicated person detained under this section may be detained under such reasonable restraint as is necessary to protect the intoxicated person and other persons from injury and property from damage.(8) This section does not authorise a responsible person into whose care an intoxicated person is released to detain the intoxicated person.s 5: Am 1980 No 1, Sch 1 (3); 1985 No 126, Sch 1 (2); 1987 No 48, Sch 11. Subst 2000 No 34, Sch 1 [2].
6 Searching detained persons
(1) A police officer or other detention officer by whom an intoxicated person is detained under section 5 may search the intoxicated person and may take possession of any personal belongings found in the person’s possession.(2) A person is entitled to the return of the personal belongings taken from the person under subsection (1) when the person ceases to be detained under section 5.s 6: Am 2000 No 34, Sch 1 [3].
7 Records
(1) It is the duty of:(a) any police officer who detains an intoxicated person under section 5 and takes the person to an authorised place of detention, and(b) the person in charge of an authorised place of detention where an intoxicated person is detained under section 5 (or a person authorised to do so by that person in charge), andto make, in accordance with the regulations, the record approved by the Minister with respect to the detained person and to keep it for a period of 3 years.(c) a person who, under section 6 (1), searches a detained person,(2) A person who has the custody of a prescribed record made under subsection (1) shall, when required to do so by a person authorised by the Minister for the purposes of this subsection, make it available for inspection by that person.s 7: Am 1980 No 1, Sch 1 (4); 2000 No 34, Sch 1 [4] [5].
8 Police officers and others not liable for certain acts or omissions
No action lies against any police officer, any detention officer or any other person in respect of anything done or omitted to be done by the police officer, detention officer or any such other person in good faith in the execution or purported execution of this Act.s 8: Am 2000 No 34, Sch 1 [6].
9 Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
10 Savings and transitional provisions
(1) In this section:amending Act means the Intoxicated Persons Amendment Act 2000.(2) A person who was detained under this Act immediately before the commencement of this section is to continue to be detained and dealt with as if this Act had not been amended by the amending Act.(3) Section 8 (as in force before its amendment by the amending Act) continues to apply in respect of anything done or omitted before the section was so amended.(4) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the amending Act.s 10: Ins 2000 No 34, Sch 1 [7].