Queensland Numbered Acts Queensland Numbered Acts(1) This Act does not limit proceedings that may be brought in a court for a remedy in relation to--
(a) a preventative detention order; or
(b) the treatment of a person in connection with the person's detention under a preventative detention order.
Example--
A right to start a proceeding under the Judicial Review Act 1991 is not limited by this Act.
(2) Without limiting subsection (1), the person for whom a preventative detention order is made may apply to the Supreme Court for compensation--
(a) if, under this part, the Supreme Court revokes the order, whether before or after the order has otherwise ceased to have effect; or
(b) when the order ceases to have effect.
(3) The application must be made within a period decided by the court at any time.
(4) The record for the application is to include all material given to the issuing authority.
(5) The parties may bring additional evidence and make additional submissions to the court.
(6) The Supreme Court may order compensation to be paid to the applicant if it is satisfied--
(a) that the preventative detention order should not have been made; or
(b) that the treatment of the applicant while being detained under the preventative detention order contravened this Act.
(7) The applicant is not entitled to compensation merely because a preventative detention order or prohibited contact order is made.
(8) If the Supreme Court makes a decision under subsection (6), the State is liable to pay the compensation decided by the court.
Note--
See the Criminal Code of the Commonwealth, section 105.52, for the court's power to provide remedies for a preventative detention order under the Code.
(9) Without limiting subsection (2), an application under this section may be made in the course of an application to the Supreme Court for an order under the Judicial Review Act 1991, section 30, in relation to an application for, or the making of, a preventative detention order.