Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 640

640 Transfer of persons in watch-houses

(1) A watch-house manager may transfer a person in custody in a watch-house from the watch-house—

(a) to another watch-house; or

(b) to a holding cell at a police station; or

(c) to a court cell; or

(d) to another place at which the person may receive treatment necessary for the person’s welfare; or

(e) to a corrective services facility; or

(f) into the custody of a police officer for the purposes of chapter 15 .

Examples—

1 A person may be transferred from the watch-house at Holland Park to the Brisbane City watch-house because there are not enough cells or staff available at Holland Park to provide proper security at the watch-house or care for persons in custody.

2 A person held in custody at a watch-house may be transferred to a hospital to receive necessary medical treatment.

(2) A failure of a watch-house manager to provide procedural fairness to a child transferred under subsection (1) (a) or (b) does not affect the validity of the decision to transfer the child.

(3) For the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that subsection (1) (a) and (b) has effect in relation to the transfer of a child—

(a) despite being incompatible with human rights; and

(b) despite anything else in the Human Rights Act 2019 .

(4) This subsection and subsections (3) and (5) expire on 31 December 2026.

(5) A regulation may postpone the expiry of this subsection and subsections (3) and (4) but can not postpone the expiry for more than 1 year after 31 December 2026.