Explanatory Statement Domestic and Family Violence Amendment Bill 2010 (Serial 128)
Tabled paper 1002
Tabled papers for 11th Assembly 2008 - 2012; Tabled papers; ParliamentNT
Tabled By Delia Lawrie
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12 information given to the senior police officer and arrange for a health practitioner to examine the person as soon as practicable. Section 84(6) states that the police officer must release the person from custody if: (a) the persons condition requires medical treatment, release the person into the care of the health practitioner; or (b) on the earlier of either the person ceasing to be intoxicated or ten hours after being taken into custody. Section 84(7) provides that in section 84 the term intoxication means intoxication because of the influence of alcohol, a drug or another substance or any combination of them; and the term health practitioner means a medical practitioner, registered or enrolled nurse or Aboriginal healthy worker who has the right to practice under the Health Practitioners Act, and the term senior police officer means a police officer of or above the rank of superintendent. o The amendment is intended to clarify and expand the circumstances in which a police officer may remove and detain a person in relation to the making of, giving a copy of, or varying a DVO. Clause 26 Repeal and substitution of section 105 (Application of part) Clause 26 repeals section 105 and replaces it with a new section 105 which defines proceedings as a proceeding for the hearing of an application for a DVO or variation or revocation of a DVO or as a proceeding for the confirmation of a DVO. o Clause 27 Amendment of section 119 (When DVO is given to defendant) Clause 27 amends section 119 by repealing the Court in subsection (a) and inserting the issuing authority to clarify that an order may be made by an issuing authority as defined in section 4 of the Act.
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