sch.11-sec.27Questioning Aboriginal and Torres Strait Islander peoples

sch.11-sec.27 Questioning Aboriginal and Torres Strait Islander peoples

This section applies if, under section 420 of the Act , the police officer— intends to question a relevant person about the person’s involvement in the commission of the indictable offence; and reasonably suspects the relevant person is an adult Aboriginal or Torres Strait Islander person. Unless the police officer already knows the relevant person, the officer must, before questioning the person about the person’s involvement in the commission of the indictable offence, establish the person’s level of education and understanding. Without limiting subsection (2) , the officer may, for the purpose of establishing the relevant person’s level of education and understanding, ask the person questions, other than questions about the person’s involvement in the commission of the indictable offence, that help the officer decide if the person— is aware of the reason why the person will be questioned about the person’s involvement in the commission of the indictable offence; and is capable of understanding— what is happening to the person; and the questions the officer will ask the person; and the person’s legal rights related to the questioning; and is capable of effectively communicating answers to the officer’s questions. If the police officer is required by law, or otherwise considers it is necessary, to notify a representative of a legal aid organisation about the questioning of the relevant person, the police officer must inform the person of the intention to notify the legal aid organisation in a way substantially complying with the following statement— ‘As you have not arranged for a lawyer to be present, a legal aid organisation will be notified you are here to be questioned about your involvement in the commission of an indictable offence.’. See also section 420 (2) (a) and (3) of the Act . If the relevant person has indicated the person does not wish to telephone or speak to a support person, or have a support person present during the questioning, the police officer must inform the person that the person may have a support person present during the questioning, in a way substantially complying with the following statements— ‘Is there any reason why you don’t want to telephone or speak to a support person or have a person present during the questioning? Do you understand that arrangements can be made for a support person to be present during the questioning? Do you also understand that you do not have to have a support person present during the questioning? Do you want to have a support person present during the questioning?’. See also section 420 (4) and (5) of the Act . If the police officer reasonably suspects the relevant person is at a disadvantage in comparison with members of the Australian community generally, and the person has not arranged for a support person to be present during the questioning, the police officer must— arrange for a support person to be present during the questioning; and unless the support person is excluded under a law from being present during the questioning, allow the support person to be present during the questioning. (sch.11-sec.27-ssec.1) This section applies if, under section 420 of the Act , the police officer— intends to question a relevant person about the person’s involvement in the commission of the indictable offence; and reasonably suspects the relevant person is an adult Aboriginal or Torres Strait Islander person. (sch.11-sec.27-ssec.2) Unless the police officer already knows the relevant person, the officer must, before questioning the person about the person’s involvement in the commission of the indictable offence, establish the person’s level of education and understanding. (sch.11-sec.27-ssec.3) Without limiting subsection (2) , the officer may, for the purpose of establishing the relevant person’s level of education and understanding, ask the person questions, other than questions about the person’s involvement in the commission of the indictable offence, that help the officer decide if the person— is aware of the reason why the person will be questioned about the person’s involvement in the commission of the indictable offence; and is capable of understanding— what is happening to the person; and the questions the officer will ask the person; and the person’s legal rights related to the questioning; and is capable of effectively communicating answers to the officer’s questions. (sch.11-sec.27-ssec.4) If the police officer is required by law, or otherwise considers it is necessary, to notify a representative of a legal aid organisation about the questioning of the relevant person, the police officer must inform the person of the intention to notify the legal aid organisation in a way substantially complying with the following statement— ‘As you have not arranged for a lawyer to be present, a legal aid organisation will be notified you are here to be questioned about your involvement in the commission of an indictable offence.’. See also section 420 (2) (a) and (3) of the Act . (sch.11-sec.27-ssec.5) If the relevant person has indicated the person does not wish to telephone or speak to a support person, or have a support person present during the questioning, the police officer must inform the person that the person may have a support person present during the questioning, in a way substantially complying with the following statements— ‘Is there any reason why you don’t want to telephone or speak to a support person or have a person present during the questioning? Do you understand that arrangements can be made for a support person to be present during the questioning? Do you also understand that you do not have to have a support person present during the questioning? Do you want to have a support person present during the questioning?’. See also section 420 (4) and (5) of the Act . (sch.11-sec.27-ssec.6) If the police officer reasonably suspects the relevant person is at a disadvantage in comparison with members of the Australian community generally, and the person has not arranged for a support person to be present during the questioning, the police officer must— arrange for a support person to be present during the questioning; and unless the support person is excluded under a law from being present during the questioning, allow the support person to be present during the questioning.