Victorian Current Acts

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Review of certain decisions in relation to detention

    (1)     A person who is detained or whose detention is extended under section 165B(1)(b) or 165BA(1)(b) may make an application to the Detention Appeals Registrar for review by a Detention Appeals Officer of the detention including, but not limited to, in respect of the following—

        (a)     the reasons for the detention;

        (b)     the period of the detention;

        (c)     the place of the detention;

        (d)     the conditions of the detention;

        (e)     any other matter relating to the detention.

    (2)     A person who has made an application under subsection (1) may make further applications under that subsection if—

        (a)     the most recent application made by the person has been determined; and

        (b)     since the most recent application was determined, new and materially different circumstances have arisen that affect the person in respect of the detention.

    (3)     An application under subsection (1)—

        (a)     must be in writing; and

        (b)     must specify the grounds on which the application is made; and

        (c)     if the application is a further application of the kind permitted by subsection (2), must include a description of the new and materially different circumstances that have arisen and affect the person in respect of the detention; and

        (d)     must include any prescribed information; and

        (e)     may include any other information that the person making the application considers appropriate.

    (4)     An application under subsection (1) may also be made by a person on behalf of a person who is detained—

        (a)     with the explicit consent of the person who is detained; or

        (b)     without the explicit consent of the person who is detained, if the person making the application provides a written undertaking that the person who is detained has been consulted about the application and has not refused to give consent.

    (5)     The Detention Appeals Registrar must ensure that an application made under subsection (1) is referred to a Detention Appeals Officer immediately after the application is received.

S. 165BIA inserted by No. 53/2021 s. 12.

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