Victorian Current Acts

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 200A

    (1)     As soon as practicable after a person is made subject to detention under section 200(1)(a), the person must be provided with the following information in a form that the person is capable of understanding—

        (a)     the purpose of the detention and its terms;

        (b)     any exemptions that may be available to the person in respect of the detention;

        (c)     an explanation of the person's rights and entitlements in relation to making a complaint or seeking a review of the decision to make the person subject to detention including, but not limited to—

              (i)     the process for making a complaint or seeking an exemption; and

              (ii)     the process for making an application for review under section 200B.

S. 200A(1A) inserted by No. 53/2021 s. 14A.

    (1A)         Without limiting subsection (1)(c), an explanation under that subsection must include an explanation of the following rights that the person has, or may have, and the processes in respect of those rights—

        (a)         the right to complain to the Ombudsman under the Ombudsman Act   1973 ;

        (b)     the right to make a complaint under section 185 of this Act;

        (c)     the right to seek a review in a court.

    (2)     Nothing in this section limits the requirements under this Act or any other Act in respect of information to be given to a person who is subject to detention under section 200(1)(a) including, but not limited to, the information required to be given to the person under section 200.

S. 200B inserted by No. 7/2021 s. 3A.