(1) Before an
emergency officer or police officer detains a person under section 185(1) or
190(1)(o), the emergency officer or police officer must briefly explain, in
language likely to be readily understood by the person —
reason why it is necessary to detain the person; and
the person is entitled to obtain legal advice and to communicate with a
the person has a right under section 194 to apply to the State Administrative
Tribunal for a review of the decision to detain the person.
(2) However, if in the
particular circumstances in which the power 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 emergency officer or police
officer must do so as soon as is practicable.
(3) If the person who
is to be detained, or is being detained, under section 185(1) or 190(1)(o) is
a child or an impaired person, the emergency officer or police officer must
ensure that a suitably modified version of the explanation required by
subsection (1) is given to —
the case of a child —
a parent or guardian of the child; or
another person who has responsibility for the day-to-day
care of the child; or
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;
the case of an impaired person, a responsible person.
(4) Failure to comply
with this section does not invalidate the detention of a person under section
185(1) or 190(1)(o).