sec.428When is a person unable to properly perform the role of a support person

### sec.428 When is a person unable to properly perform the role of a support person This section states circumstances in which a person may be unable to properly perform the role of a support person for a relevant person. However, this section does not limit the circumstances in which a person may be unable to properly perform the role of a support person. The circumstances are as follows— the person’s ability to perform the role is substantially impaired by the effect of something the person has ingested, for example, alcohol, a drug or a potentially harmful thing, to the extent that the person is unable to act in the best interests of the relevant person; the person is a person with an impaired capacity and the person’s impairment prevents the person from acting in the best interests of the relevant person; the person is, or appears to a police officer to be, unwilling to perform the role of a support person because of illness, injury, pain, tiredness or a similar cause; the person has an affiliation, association or other relationship with a police officer questioning the relevant person; the person has a relationship of authority with the relevant person that may prevent the person from acting in the best interests of the relevant person; a teacher who recently excluded the relevant person from a school the person is a victim of the offence for which the relevant person is being questioned or a friend of the victim; the person witnessed the commission of the offence for which the relevant person is being questioned. In this section— ingest includes— administer; and inhale; and smoke. s 428 ins 2005 No. 17 s 13 (sec.428-ssec.1) This section states circumstances in which a person may be unable to properly perform the role of a support person for a relevant person. (sec.428-ssec.2) However, this section does not limit the circumstances in which a person may be unable to properly perform the role of a support person. (sec.428-ssec.3) The circumstances are as follows— the person’s ability to perform the role is substantially impaired by the effect of something the person has ingested, for example, alcohol, a drug or a potentially harmful thing, to the extent that the person is unable to act in the best interests of the relevant person; the person is a person with an impaired capacity and the person’s impairment prevents the person from acting in the best interests of the relevant person; the person is, or appears to a police officer to be, unwilling to perform the role of a support person because of illness, injury, pain, tiredness or a similar cause; the person has an affiliation, association or other relationship with a police officer questioning the relevant person; the person has a relationship of authority with the relevant person that may prevent the person from acting in the best interests of the relevant person; a teacher who recently excluded the relevant person from a school the person is a victim of the offence for which the relevant person is being questioned or a friend of the victim; the person witnessed the commission of the offence for which the relevant person is being questioned. (sec.428-ssec.4) In this section— ingest includes— administer; and inhale; and smoke. - (a) the person’s ability to perform the role is substantially impaired by the effect of something the person has ingested, for example, alcohol, a drug or a potentially harmful thing, to the extent that the person is unable to act in the best interests of the relevant person; - (b) the person is a person with an impaired capacity and the person’s impairment prevents the person from acting in the best interests of the relevant person; - (c) the person is, or appears to a police officer to be, unwilling to perform the role of a support person because of illness, injury, pain, tiredness or a similar cause; - (d) the person has an affiliation, association or other relationship with a police officer questioning the relevant person; - (e) the person has a relationship of authority with the relevant person that may prevent the person from acting in the best interests of the relevant person; Example for paragraph (e) — a teacher who recently excluded the relevant person from a school - (f) the person is a victim of the offence for which the relevant person is being questioned or a friend of the victim; - (g) the person witnessed the commission of the offence for which the relevant person is being questioned. - (a) administer; and - (b) inhale; and - (c) smoke.