South Australian Current Acts

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DISABILITY INCLUSION ACT 2018 - SECT 23C

23C—Meaning of " "detention"

        (1)         For the purposes of this Part, a reference to the "detention" of a person will be taken to be a reference to—

            (a)         any direct or indirect curtailment of the person's ability to leave particular premises or a particular part of particular premises (whether by physical means, by force of policy or rules, by the withholding of information (such as an access code), by an omission or otherwise); or

            (b)         a requirement that the person be and remain in particular premises or a particular part of particular premises (whether on a residential basis or otherwise); or

            (c)         the refusal or limitation of access to means of leaving particular premises or a particular part of particular premises (being means (such as a wheelchair) that the person is otherwise lawfully entitled to access and without which it is not reasonably possible for the person to leave the premises or part of premises); or

            (d)         any other act or omission of a kind declared by the regulations to be included in the ambit of this paragraph,

but does not include an act or omission of a kind declared by the regulations not to constitute the detention of a person.

        (2)         For the purposes of this section, the fact that a person may leave premises or a part of particular premises, or access means of leaving premises or a part of premises, with the permission of a specified person does not, of itself, mean that the person is not detained.

        (3)         However, the detention of a person pursuant to another Act or law will be taken not to constitute detention for the purposes of this Part.



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