Victorian Current Acts Victorian Current Acts(1) A person subject to a non-custodial supervision order may be apprehended by an appropriate person if the appropriate person reasonably believes—
(a) that the person subject to the order has failed to comply with it; and
(b) that the safety of the person subject to the order or members of the public will be seriously endangered if the person is not apprehended.
(2) Subject to subsection (4), a person who is apprehended under subsection (1) is to be taken and detained in an appropriate place and treated or provided with services, if necessary, for his or her condition.
(3) For the purpose of apprehending a person and taking them to an appropriate place, the appropriate person may with such assistance as is required and such force as may be reasonably necessary—
(a) enter any premises in which he or she has reasonable grounds for believing that the person to be apprehended may be found; and
(b) if necessary to enable that person to be so apprehended and taken safely, use such restraint as may be reasonably necessary.
(4) A person who is apprehended under this section must be released from detention within 48 hours unless, within that period, an application is made under section 29(1) for variation of the person's supervision order.
(5) The court must hear an application referred to in subsection (4) as soon as possible.
(6) In this section—
S. 30(6) def. of appropriate person amended by No. 37/2014 s. 10(Sch. item 39.2).
"appropriate person", in relation to a person subject to a supervision order, means—
(a) a person having supervision of the person under the order; or
(b) a police officer; or
(c) an ambulance officer; or
(d) a person who is a member of a class prescribed for the purposes of this section.
S. 30A inserted by No. 7/2002 s. 10.