Police Variation Regulations 2004 (SA)

South Australia

Police Variation Regulations 2004

under the Police Act 1998

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Police Regulations 1999

1. Variation of regulation 69—Illness or injury of prisoners

2. Variation of regulation 70—Legal, medical and other assistance for prisoners

3. Insertion of regulation 70A

   70ALiability for payment of medical expenses

Part 1—Preliminary

1—Short title

These regulations may be cited as the Police Variation Regulations 2004.

2—Commencement

These regulations will come into operation four months after the day on which they are made (see Subordinate Legislation Act 1978 section 10AA).

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Police Regulations 1999

4—Variation of regulation 69—Illness or injury of prisoners

Regulation 69(2)—delete subregulation (2)

5—Variation of regulation 70—Legal, medical and other assistance for prisoners

Regulation 70(2)—delete "and undertakes to pay for the examination" and substitute:

and refuses any other medical examination offered to the prisoner in accordance with these regulations

6—Insertion of regulation 70A

After regulation 70 insert:

70A—Liability for payment of medical expenses

(1)If a medical practitioner other than a police medical officer attends a prisoner under this Part, any amount payable for that attendance that is not covered by a medical benefit scheme is payable—

(a)where a specified medical practitioner requested by the prisoner attends the prisoner after other treatment is offered to the prisoner in accordance with these regulations but is refused—by the prisoner;

(b)in any other case—by the South Australian Police Department (if the prisoner does not agree to pay the amount).

(2)Where these regulations specify that a prisoner is to be liable for the payment of an amount in respect of the attendance of a medical practitioner, the officer in charge of the police station at which the prisoner is held must ensure that both the prisoner and the medical practitioner concerned are informed of that fact prior to any such attendance.

Made by the Governor

with the advice and consent of the Executive Council

on 11 March 2004

No 13 of 2004

MPO03/001CS