Victorian Current Acts Victorian Current ActsS. 104DA(1) amended by No. 45/2017 s. 38(1).
(1) The Chief Commissioner or a police custody officer supervisor, subject to the direction of the Chief Commissioner, may direct a police custody officer to do any of the following—
(a) transport a detained person to any place (including a police station, hospital, court or another police gaol);
(b) transport a person who is to be detained in a police gaol from any place (including a police station, hospital, court or another police gaol) to the police gaol;
(c) transport a patient from a designated mental health service to a court, a police gaol or another designated mental health service;
(d) transport a patient from a court or police gaol to a designated mental health service;
(e) transport a person detained in a remand centre, youth residential centre or youth justice centre from that centre to a court or police gaol;
(f) transport a person who is to be detained in a remand centre, youth residential centre or youth justice centre from a court or police gaol to such a centre;
(g) supervise a person who is being transported under paragraphs (a) to (f);
(h) supervise a person at a place to which the person has been transported, or from which the person will be transported, under paragraphs (a) to (f).
S. 104DA(2) amended by No. 45/2017 s. 38(2).
(2) If the Chief Commissioner or a police custody officer supervisor (as the case requires) has directed a police custody officer to transport or supervise a person under subsection (1), a police custody officer may transport that person to, and supervise that person at, a hospital or other facility at which medical assessments, care or treatment are provided, if it is necessary to do so.
S. 104DA(3) amended by No. 45/2017 s. 38(2).
(3) A police custody officer must comply with a direction of the Chief Commissioner or a police custody officer supervisor (as the case requires).
(4) Without limiting section 6D or 6E, a person who is being transported or supervised by a police custody officer under this section is taken to be in the legal custody of the Chief Commissioner while being transported or supervised.
(5) In this section—
S. 104DA(5) def. of designated mental health service amended by No. 39/2022 s. 807(a).
"designated mental health service" has the same meaning as in the Mental Health and Wellbeing Act 2022 ;
S. 104DA(5) def. of patient amended by No. 39/2022 s. 807(b).
"patient" has the same meaning as in the Mental Health and Wellbeing Act 2022 ;
"remand centre" has the same meaning as in the Children, Youth and Families Act 2005 ;
"youth justice centre" has the same meaning
as in the
Children, Youth and Families Act 2005 ;
"youth residential centre" has the same meaning as in the Children, Youth and Families Act 2005 .
S. 104DB inserted by No.
59/2015
s. 21.