Preventative detention orders

The police can detain people under preventative detention orders only:

  • where there is a threat of a terrorist attack that is capable of being carried out, and could occur, within the next 14 days, and the order might help prevent it
    or
  • immediately after a terrorist act if it is likely vital evidence will be lost.

A person can be detained for a maximum of:

  • 48 hours under Commonwealth law
  • 14 days under state and territory laws
  • 14 days under a combination of Commonwealth and state and territory regimes.

Australia's Commonwealth laws on preventative detention orders are found under Division 105 of the Criminal Code Act 1995. This department administers the Act.

Rights under a preventative detention order

A person detained under a preventative detention order has the right to:

  • be treated humanely and not be subjected to cruel, inhuman or degrading treatment
  • contact a lawyer
  • contact family members and employers to let them know they are safe
  • not be questioned
  • have a copy of the preventative detention order, which contains a summary of the reasons for making the order
  • an interpreter if they have difficulty with English.

Children under 16 years old cannot be detained. Someone at least 16 years old but under 18 can be detained but must be detained separately from adults. They can have a parent or guardian visit them while they are detained.

States and territories

States and territories have enacted their own legislation allowing for the detention of a person for up to 14 days.

Reports

Control orders and preventative detention orders annual reports

Report
The Home Affairs Minister, as the minister responsible for the AFP, is required by sections 104.29 and 105.47 of the Criminal Code to provide an annual report in respect of control orders and preventative detention orders made during the year.