Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 378

378 Additional case when arrest for being intoxicated in a public place may be discontinued

(1) This section applies if—

(a) a person is arrested for being intoxicated in a public place; and

(b) a police officer is satisfied it is more appropriate for the person to be taken to a place, other than a watch-house, the police officer considers is a place at which the person can receive the treatment or care necessary to enable the person to recover safely from the effects of being intoxicated (a
"place of safety" ).

Examples of a place of safety—

1 A hospital may be a place of safety for a person who needs medical attention.

2 A place other than a hospital that provides care for persons who are intoxicated may be a place of safety.

3 A vehicle used to transport persons to a place of safety and under the control of someone other than a police officer may be a place of safety.

4 The person’s home, or the home of a relative or friend, may be a place of safety if there is no likelihood of domestic violence or associated domestic violence happening at the place because of the person’s condition or the person is not subject to a domestic violence order, police protection notice or release conditions preventing the person from entering or remaining at the place.

(2) It is the duty of the police officer, at the earliest reasonable opportunity—

(a) to take the person to the place of safety; and

(b) to release the person at the place of safety.

Example—

The place of safety may be a vehicle under the control of someone other than a police officer that is used to transport persons to another place of safety.

(3) Subsection (2) does not apply if the police officer is satisfied—

(a) a person at the place of safety is unable to provide care for the person; or

(b) the person’s behaviour may pose a risk of harm, including, but not limited to, domestic violence or associated domestic violence, to other persons at the place of safety.

(4) Before the police officer releases the person, the police officer must ensure the person apparently in possession or in charge of the relevant place of safety gives a police officer a signed undertaking in the approved form to provide care for the relevant person.

(5) A person taken to a place of safety can not be compelled to stay there.

(6) If the place of safety is not the person’s home, the person apparently in possession or in charge of the place of safety may lawfully provide care for the person until the person voluntarily leaves the place.