Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 361

361 Application to magistrate for order ending person’s detention

(1) This section applies if a person has been detained under a detention order.

(2) The person’s lawyer or a person nominated by the person (the
"applicant" ) may apply to a magistrate for an order ending the detention.

(3) The application may be made orally or in writing but if made orally can not be made in the absence of the emergency officer (medical) or a representative of the emergency officer (medical).

(4) The applicant must immediately give the emergency officer (medical) notice of when and where the application will be made.

(5) The notice may be given orally or in writing, but if given orally must be put in writing as soon as practicable.

(6) The magistrate—

(a) must decide the application as quickly as possible; and

(b) must have regard to any submissions made by the parties to the application; and

(c) may make an order ending the person’s detention only if satisfied the person’s continued detention is not reasonably necessary to effectively respond to the declared public health emergency; and

(d) may not order the applicant to pay the respondent’s costs of the application; and

(e) 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 for paragraph (e)—

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

(7) The person detained is not entitled to be present when the application is being heard.