123Right to communicate with friend, relative, guardian or independent person and Australian legal practitioner

123 Right to communicate with friend, relative, guardian or independent person and Australian legal practitioner

123 Right to communicate with friend, relative, guardian or independent person and Australian legal practitioner

(cf Crimes Act 1900, s 356N)

(1) Before any investigative procedure in which a detained person or protected suspect is to participate starts, the custody manager for the person must inform the person orally and in writing that he or she may—

(a) communicate, or attempt to communicate, with a friend, relative, guardian or independent person—

(i) to inform that person of the detained person’s or protected suspect’s whereabouts, and

(ii) if the detained person or protected suspect wishes to do so, to ask the person communicated with to attend at the place where the person is being detained to enable the detained person or protected suspect to consult with the person communicated with, and

(b) communicate, or attempt to communicate, with an Australian legal practitioner of the person’s choice and ask that Australian legal practitioner to do either or both of the following—

(i) attend at the place where the person is being detained to enable the person to consult with the Australian legal practitioner,

(ii) be present during any such investigative procedure.

(2) If the person wishes to make any communication referred to in subsection (1), the custody manager must, as soon as practicable—

(a) give the person reasonable facilities to enable the person to do so, and

(b) allow the person to do so in circumstances in which, so far as is practicable, the communication will not be overheard.

(3) The custody manager must defer for a reasonable period any investigative procedure in which the person is to participate—

(a) to allow the person to make, or attempt to make, a communication referred to in subsection (1), and

(b) if the person has asked any person so communicated with to attend at the place where the person is being detained—

(i) to allow the person communicated with to arrive at that place, and