New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 87T

87T Service and notification of public safety order or variation of order

(1) Ordinary service and notification requirements A senior police officer who makes or varies a public safety order must ensure that both of the following are served by means of personal service on each person to whom the order applies--

(a) a copy of the order as so made or varied,

(b) a notification in accordance with this section.

(2) If the senior police officer considers that a person to whom the order applies is a person under the age of 18 years or has impaired intellectual functioning, the officer must ensure that the order and notification are also served by means of personal service on a parent or guardian (if any) of the person if it is reasonably practicable to do so. However, a failure to do so does not prevent the order or variation from becoming binding when it is served on the person.

(3) The notification accompanying the order--

(a) must be in writing, and

(b) must specify the date on which the order or variation was made, and

(c) must--

(i) subject to subsection (4), include a statement of the reasons for making or varying the public safety order, and

(ii) include an explanation of the right of appeal to the Supreme Court against the decision under Division 3.

(4) Despite any other Act or law, a statement of the reasons for making or varying a public safety order must not contain information that would result in the disclosure of a criminal intelligence report or other criminal information held in relation to a person.

(5) A public safety order (as made or varied) is not binding on a person to whom the order applies unless the order and notification have been served on that person in accordance with subsection (1).

(6) Once a public safety order and notification have been served on a person in accordance with subsection (1), the order is binding on the person, regardless of whether any other person or persons to whom the order applies have been so served.

(7) Urgent orders Despite subsections (1)-(6), if a police officer is satisfied that a public safety order (as made or varied) should become binding on a person as a matter of urgency--

(a) the officer may communicate the contents of the order, or the order as so varied, verbally to any person to whom the order applies and advise such person of the place at which the person may obtain a written copy of the order and a notification in accordance with subsection (8), and

(b) on the information described in paragraph (a) being communicated to the person, the order, or the order as so varied, is binding on the person.

(8) The police officer who verbally communicates the order to the person must ensure that the following are both available for collection by the person at a police station that is reasonably accessible by the person within 12 hours after the communication--

(a) a copy of the order,

(b) the notification that would have been required to accompany the order if the order had been served on the person in accordance with subsection (1).