17Protections for a child who is a reportable human source

17 Protections for a child who is a reportable human source

(1) A police officer, during any interaction which constitutes human source activity with a child who is a human source, must ensure the presence of at least one of the following—

(ii) if a parent or guardian is unavailable or it is not appropriate for a parent or guardian to attend, an independent person.

It is not appropriate for a parent or guardian to be present if the child is to provide information about the parent or guardian or the presence of the child's parent or guardian may place the child or any other person at risk.

(2) For the purposes of subsection (1), the police officer must—

(a) consult the child before determining who will be present during the interaction; and

(b) if an Australian legal practitioner is not to be present during the interaction, inform the child and the child's parent, guardian or independent person that the child may express their wish to have an Australian legal practitioner present at any time; and

(c) take reasonable steps to facilitate the child's wishes in this regard before any interaction with the child takes place or before any further interaction with the child takes place (as the case requires).

(5) This section does not apply to a child who is registered as a human source on an emergency registration.