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 105.39   Special contact rules for person under 18 or incapable of managing own affairs  

(1)  
This section applies if the person being detained under a preventative detention order:


(a) is under 18 years of age; or


(b) is incapable of managing his or her affairs.

(2)  
The person is entitled, while being detained under the order, to have contact with:


(a) a parent or guardian of the person; or


(b) another person who:


(i) is able to represent the person ' s interests; and

(ii) is, as far as practicable in the circumstances, acceptable to the person and to the police officer who is detaining the person; and

(iii) is not an AFP member; and

(iv) is not an AFP employee (within the meaning of the Australian Federal Police Act 1979 ); and

(v) is not a member (however described) of a police force of a State or Territory; and

(vi) is not an ASIO employee or an ASIO affiliate.

(3)  
To avoid doubt:


(a) if the person being detained (the detainee ) has 2 parents or 2 or more guardians, the detainee is entitled, subject to section 105.40 , to have contact under subsection (2) with each of those parents or guardians; and


(b) the detainee is entitled to disclose the following to a person with whom the detainee has contact under subsection (2):


(i) the facts that a preventative detention order has been made in relation to the detainee;

(ii) the fact that the detainee is being detained;

(iii) the period for which the detainee is being detained.

(4)  
The form of contact that the person being detained is entitled to have with another person under subsection (2) includes:


(a) being visited by that other person; and


(b) communicating with that other person by telephone, fax or email.

(5)  
The period for which the person being detained is entitled to have contact with another person each day under subsection (2) is:


(a) 2 hours; or


(b) such longer period as is specified in the preventative detention order.

Note:

Paragraph (b) - see subsections 105.8(7) and 105.12(7) .

(6)  
Despite subsection (5), the police officer who is detaining the person may permit the person to have contact with a person under subsection (2) for a period that is longer than the period provided for in subsection (5).

(7)  
The contact that the person being detained has with another person under subsection (2) must be conducted in such a way that the content and meaning of any communication that takes place during the contact can be effectively monitored by a police officer excercising authority under th preventative detention order.

(8)  
If the communication that takes place during the contact takes place in a language other than English, the contact may continue only if the content and meaning of the communication in their language can be effectively monitored with the assistance of an interpreter.

(9)  
Without limiting subsection (8), the interpreter referred to in that subsection may be a police officer.

(10)  
If the person being detained indicates that he or she wishes the communication that takes place during the contact to take place in a language other than English, the police officer who is detaining the person must:


(a) arrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained; and


(b) if it is reasonably practicable to do so - arrange for those services to be provided as soon as practicable.




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