Victorian Current Acts Victorian Current ActsS. 60M(1) amended by No. 37/2014 s. 10(Sch. item 47.15(a)).
(1) A person who has been apprehended and detained under section 60L must be released immediately upon it becoming known to a police officer that the person is not under 18 years of age.
S. 60M(2) amended by No. 37/2014 s. 10(Sch. item 47.15(a)).
(2) A person who has been apprehended and detained under section 60L and who is under 18 years of age may only be detained for as long as a police officer has reasonable grounds for believing that the person—
(a) has recently inhaled a volatile substance; and
(b) is likely by act or neglect to cause immediate serious bodily harm to himself or herself or to some other person.
S. 60M(3) amended by No. 37/2014 s. 10(Sch. item 47.15(b)(i)).
(3) Subject to subsection (2), as soon as practicable after apprehending and detaining under section 60L a person who is under 18 years of age, a police officer must release the person into the care of a suitable person who—
S. 60M(3)(a) amended by No. 37/2014 s. 10(Sch. item 47.15(b)(ii)).
(a) the police officer reasonably believes is capable of taking care of the detained person; and
(b) consents to taking care of the detained person.
Note
Depending on the circumstances of each case, a suitable person may include the detained person's parent, guardian or another adult family member or an employee of an appropriate health or welfare agency.
S. 60M(4) amended by No. 37/2014 s. 10(Sch. item 47.15(c)).
(4) If a police officer, after taking all reasonable steps, has been unable to release the detained person into the care of a suitable person in accordance with subsection (3), the police officer—
(a) may release the detained person; or
(b) subject to subsection (2), may continue to detain that person.
S. 60M(5) amended by No. 37/2014 s. 10(Sch. item 47.15(c)).
(5) In taking an action under subsection (4), a police officer must take the action which he or she reasonably believes is the most appropriate in the circumstances.
S. 60M(6) amended by No. 37/2014 s. 10(Sch. item 47.15(c)).
(6) A police officer must not detain a person under section 60L in—
(a) a police gaol within the meaning of the Corrections Act 1986 ; or
(b) a police cell or lock-up.
S. 60M(7) amended by No. 37/2014 s. 10(Sch. item 47.15(c)).
(7) A police officer must not interview or question a person who is apprehended and detained under section 60L in relation to any offence or alleged offence.
S. 60N inserted by No. 55/2003 s. 4.