Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 356

356 Application to extend order

(1) This section applies if an emergency officer (medical) is satisfied that, having regard to the matters stated in section 349 (1) (a) and (b) , it is necessary to continue to detain a person after a detention order ends.

(2) The emergency officer (medical) or the chief executive may apply to a magistrate to extend the detention order.

(3) The application must be made before the detention order ends.

(4) The emergency officer (medical) or the chief executive must immediately give the person detained a copy of the application.

(5) The person detained must not attend the hearing of the application but may nominate a person to represent the person detained at the hearing.

(6) The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application be given by statutory declaration.