Intoxicated Persons Act 1979 (NSW)

This section and section 1 shall commence on the date of assent to this Act.

Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

authorised place of detention means:

• (a)

  a police station, or

• (b)

  a detention centre within the meaning of the Children (Detention Centres) Act 1987 approved for the time being by the Minister as an authorised place of detention for the purposes of this Act.

detention officer means a police officer, a correctional officer (within the meaning of the Crimes (Administration of Sentences) Act 1999) or a person in charge of or employed in a detention centre (within the meaning of the Children (Detention Centres) Act 1987).

intoxicated person means a person who appears to be seriously affected by alcohol or another drug or a combination of drugs.

public place means:

• (a)

  a place (whether or not covered by water or built on), or

• (b)

  a part of any premises (including a structure, building, vehicle or vessel),

that is open to the public, or is used by the public, whether or not on payment of money or other consideration, whether or not the place is ordinarily so open or used, and whether or not the public to whom it is open consists of a limited class of persons, and includes a school (within the meaning of the Summary Offences Act 1988).

responsible person includes any person who is capable of taking care of an intoxicated person, including:

• (a)

  a friend or family member, or

• (b)

  an official or member of staff of a government or non-government organisation or facility providing welfare or alcohol or other drug rehabilitation services.

A police officer may detain an intoxicated person found in a public place who is:

• (a)

  behaving in a disorderly manner or in a manner likely to cause injury to the person or another person or damage to property, or

• (b)

  in need of physical protection because the person is intoxicated.

A police officer is not to detain a person under this section because of behaviour that constitutes an offence under any law.

An intoxicated person detained by a police officer under this section is to be taken to, and released into the care of, a responsible person willing immediately to undertake the care of the intoxicated person.

An intoxicated person detained by a police officer under this section may be taken to and detained in an authorised place of detention if:

• (a)

  it is necessary to do so temporarily for the purpose of finding a responsible person willing to undertake the care of…