Victorian Current Acts

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Detention guidelines and standards

    (1)     The Minister may make and publish guidelines and standards in relation to the welfare of persons detained under section 165B(1)(b) or 165BA(1)(b).

    (2)     The Minister must consult the Chief Health Officer before making guidelines or standards under subsection (1).

    (3)     Guidelines and standards made under subsection (1) may deal with any matter relating to the welfare of detained persons.


For example, matters could include the provision of psychological support and contact with other persons.

    (4)     In performing functions and exercising powers under this Act, a person must have regard to any guidelines and standards issued under subsection (1).

    (5)     If a standard makes specific provision in relation to a particular matter, a person must perform functions and exercise powers under this Act in compliance with the provision, to the extent that the provision is not inconsistent with a pandemic order.

    (6)     If the Minister makes a pandemic order that is inconsistent with a guideline or a standard, the Minister must explain the reasons for the inconsistency in the statement of reasons referred to in section 165AP(2)(b) in relation to the pandemic order.

Division 6A—Offences, penalties and related matters

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

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