Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105 - Preventative detention orders  

Subdivision E - Treatment of person detained  

SECTION 105.35   Contacting family members etc.  

(1)  
The person being detained is entitled to contact:


(a) one of his or her family members; and


(b) if he or she:


(i) lives with another person and that other person is not a family member of the person being detained; or

(ii) lives with other people and those other people are not family members of the person being detained;
that other person or one of those other people; and


(c) if he or she is employed - his or her employer; and


(d) if he or she employs people in a business - one of the people he or she employs in that business; and


(e) if he or she engages in a business together with another person or other people - that other person or one of those other people; and


(f) if the police officer detaining the person being detained agrees to the person contacting another person - that person;

by telephone, fax or email but solely for the purposes of letting the person contacted know that the person being detained is safe but is not able to be contacted for the time being.

(2)  
To avoid doubt, the person being detained is not entitled, under subsection (1), to disclose:


(a) the fact that a preventative detention order has been made in relation to the person; or


(b) the fact that the person is being detained; or


(c) the period for which the person is being detained.

(3)  


In this section:

family member
of a person means:


(a) the person ' s spouseor de facto partner; or


(b) a parent, step-parent or grandparent of the person; or


(c) a child, step-child or grandchild of the person; or


(d) a brother, sister, step-brother or step-sister of the person; or


(e) a guardian or carer of the person.

(4)  


For the purposes of this section, the family members of a person are taken to include the following (without limitation):


(a) a de facto partner of the person;


(b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in the Dictionary;


(c) anyone else who would be a member of the person ' s family if someone mentioned in paragraph (a) or (b) is taken to be a family member of the person.




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