Legislation

This information is from the VSM online training package that the Education and Training Support Program developed in consultation with the Legal Services Branch.  The training package provides police officers with an awareness of the Police Powers and Responsibilities Act 2000 (Qld) (the Act) and its implications in terms of dealing with persons affected by potentially harmful things.

From 1 July 2004, the Act provided additional powers for all police officers to search for, seize and dispose of potentially harmful things. This power can only be used when a person is found in circumstances that lead to a reasonable suspicion that the person has ingested or inhaled, is ingesting or inhaling or is about to ingest or inhale a potentially harmful thing. The term potentially harmful thing also relates to volatile substances, the inhalation of which may cause substantial harm.

The Act also introduced new powers for police officers in certain areas of Queensland to detain a person who is believed to be affected by a potentially harmful thing, to take that person to a place of safety and release them.

The legislation is contained in the Act in sections:

(i) 603: 'Power to seize potentially harmful things';
(ii) 604: 'Dealing with persons affected by potentially harmful things';
(iii) 605: 'Duties in relation to person detained under s. 604';
(iv) 606: 'No compulsion to stay at place of safety'; and
(v) 607: 'Review of operation of ss. 604 –606'.

Section 603 is available to all police officers throughout Queensland.  Section 608 (Expiry of ss. 604 – 607) was deleted in October 2006.

Sections 604-608, were initially trialled for twelve months and sections. 604 – 607 now operate in the following declared locations only:

• inner Brisbane; 
• Logan ; 
• Cairns ; 
• Townsville; 
• Mount Isa;
• Rockhampton, and
• Caboolture.