Western Australian Current Acts Western Australian Current Acts (1) Before an
authorised officer gives a direction under section 157(1)(c) or (i) to a
person, or an authorised officer or a police officer detains a person under
section 158, the authorised officer or police officer must briefly explain, in
language likely to be readily understood by the person —
(a) the
reason why it is necessary for the person to remain at the premises or, as the
case requires, to remain quarantined from other persons or to be detained; and
(b) that
the person is entitled to obtain legal advice and to communicate with a
lawyer; and
(c) that
the person has a right under section 163 to apply to the State Administrative
Tribunal for a review of the decision to give the direction or, as the case
requires, the decision to detain the person.
(2) However, if in the
particular circumstances in which the power to give the direction or, as the
case requires, to detain the person is to be exercised, it is not practicable
to give the explanation required by subsection (1) before the power is
exercised, the authorised officer or police officer must do so as soon as is
practicable.
(3) If the person to
whom a direction under section 157(1)(c) or (i) relates or, as the case
requires, the person who is to be detained, or is being detained, under
section 158 is a child or an impaired person, the authorised officer or police
officer must ensure that a suitably modified version of the explanation
required by subsection (1) is given to —
(a) in
the case of a child —
(i)
a parent or guardian of the child; or
(ii)
another person who has responsibility for the day-to-day
care of the child; or
(iii)
if no person mentioned in another subparagraph of this
paragraph is available, a person, or a person in a class of persons,
prescribed by the regulations for the purposes of this subparagraph;
(b) in
the case of an impaired person, a responsible person.
(4) Failure to comply
with this section does not invalidate a direction given under
section 157(1)(c) or (i) or the detention of a person under section 158.
(5) Despite subsection
(1), if a direction under section 157(1)(c) or (i) is given to a class of
person, the explanation required by subsection (1) may be set out in the
direction.
[Section 159 amended: No. 33 of 2020 s. 7.]