12No publication of report of proceeding

12 No publication of report of proceeding A person must not publish— (a) a report of the whole or any part of a proceeding on an application for a warrant under this Part; or S. 12(b) amended by No. 32/2018 s. 74(1). (b) any information derived from a proceeding referred to in paragraph (a)— S. 12(c) repealed by No. 32/2018 s. 74(2). unless the Supreme Court orders otherwise. 1. In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both; In the case of a body corporate, 1000 penalty units for a first offence and 20 000 penalty units for a subsequent offence. S. 13 amended by Nos 25/2009 s. 53, 37/2014 s. 10(Sch. item 167.5), 70/2015 s. 6, repealed by No. 32/2018 s. 75. Pt 2AA (Headings and ss 13AA–13AZZZC) inserted by No. 32/2018 s. 9. Part 2AA—Preventative police detention S. 13AA inserted by No. 32/2018 s. 9. 13AA Object of Part The object of this Part is to allow for the taking into custody and detention of an adult for a period not exceeding 4 days, or a child for a period not exceeding 36 hours, in order to— (a) prevent a terrorist act that is capable of being carried out, and could occur, within the next 14 days; or (b) preserve evidence of, or relating to, a recent terrorist act. Division 2—Police detention decisions S. 13AB inserted by No. 32/2018 s. 9. 13AB What is a police detention decision? A police detention decision is a decision made in relation to a person that authorises— (a) the taking into custody of the person (unless the person is already being detained under a preventative detention order or an order for the person's detention made under a corresponding preventative detention law); and (b) subject to this Part, the detention of the person under this Part for a period not exceeding the maximum police detention period which— (i) starts when the person is first taken into custody under section 13AH(2)(a) or detained under section 13AH(2)(b); and (ii) ends under Division 9. S. 13AC inserted by No. 32/2018 s. 9. 13AC Authorised police officer may make police detention decision (1) Subject to this Division, an authorised police officer may make a police detention decision in relation to a person who is 14 years old or older if— (a) the authorised police officer is satisfied that— (i) there are reasonable grounds to suspect that the person— (B) possesses or has under the person's control (whether solely or jointly with any other person) a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or (ii) making the decision would substantially assist in preventing a terrorist act occurring; and (iii) detaining the person is reasonably necessary for the purpose referred to in subparagraph (ii); or (b) the authorised police officer is satisfied that— (ii) it is necessary to detain the person to preserve evidence of, or relating to, the terrorist act; and (iii) detaining the person is reasonably necessary for the purpose referred to in subparagraph (ii). (2) A terrorist act referred to in subsection (1)(a) must be capable of being carried out, and could occur, within the next 14 days. (3) A police detention decision must not be made on the same basis as a previous police detention decision unless the previous police detention decision ceased to have effect under section 13AF(2)(a). (4) For the purposes of subsection (3), a police detention decision is made on the same basis as a previous police detention decision if— (a) in the case of a decision made on the basis of preventing a terrorist act from occurring, that decision and the previous decision relate to the same terrorist act; and (b) in the case of a decision made on the basis of preserving evidence of, or relating to, a terrorist act, that decision and the previous decision relate to the same terrorist act. S. 13AD inserted by No. 32/2018 s. 9. 13AD Nature of police detention decisions in relation to children—detention in youth justice facilities (1) An authorised police officer who makes a police detention decision in relation to a child must, as part of that decision, direct that the child be detained in a youth justice facility unless the officer is satisfied that it is reasonably necessary for the child to be detained at a place other than a youth justice facility. (2) For the purposes of subsection (1), the authorised police officer must have regard to the following— (a) the child's age and vulnerability; (b) the likely impact that detention in a place other than a youth justice facility will have on the child; (c) the grounds on which the police detention decision is made; (d) the risk posed by the child to— (i) the national or international security of Australia; or (ii) other persons detained in a youth justice facility; or (iii) the good order and safe operation of a youth justice facility; (e) the availability of a place in a youth justice facility for the child to be detained in compliance with this Part. See also section 13AR. S. 13AE inserted by No. 32/2018 s. 9. 13AE Recording of police detention decision (1) An authorised police officer who makes a police detention decision must make, or cause to be made, a written record of the decision. (2) The record must set out— (a) the facts and other grounds which the authorised police officer considered in making the police detention decision; and (b) the information (if any) that the authorised police officer has about the person's age and capacity to manage their affairs; and (c) the outcomes and particulars of any previous police detention decisions in relation to the person; and (d) the outcomes and particulars of any previous applications for preventative detention orders in relation to the person; and (e) the information (if any) that the authorised police officer has about the following— (i) the outcomes and particulars of all previous requests for Commonwealth control orders (including the outcomes of the hearings to confirm the orders) in relation to the person; (ii) the outcomes and particulars of all previous applications for variations of Commonwealth control orders made in relation to the person; (iii) the outcomes of all previous applications for revocations of Commonwealth control orders made in relation to the person; and (f) if the police detention decision relates to a child, whether the child is to be detained under this Part in a youth justice facility; and See also section 13AD. (g) the information (if any) that the authorised police officer has about any periods for which the person has been detained under an order made under a corresponding preventative detention law; and (h) a summary of the grounds on which the police detention decision was made. (3) To avoid doubt, subsection (2)(h) does not require counter-terrorism intelligence to be included in the summary. (4) The information in the record must be sworn or affirmed by the authorised police officer. S. 13AF inserted by No. 32/2018 s. 9. 13AF When a police detention decision starts and ceases to have effect (1) A police detention decision in relation to a person starts to have effect when it is made. When a police detention decision starts to have effect it authorises the person to be taken into custody and detained under this Part (see section 13AB). The period for which the person may be detained only starts to run when the person is first taken into custody or detained under this Part (see section 13AH). (2) A police detention decision in relation to a person ceases to have effect— (a) at the end of the period of 48 hours after the decision is made if the person has not been taken into custody under the order within that period; or (b) when the person's detention under this Part ends under Division 9. S. 13AG inserted by No. 32/2018 s. 9. 13AG Detained persons under 14 years to be released without delay (a) a person is being detained under this Part pursuant to a police detention decision or a purported police detention decision; and (b) the police officer who is detaining the person is satisfied on reasonable grounds that the person is under 14 years of age. (2) The police officer must release the person or arrange in writing for the person's release without delay from detention under this Part. Division 3—Carrying out police detention decisions S. 13AH inserted by No. 32/2018 s. 9. 13AH Power to detain person under authority of police detention decision (1) This section applies if a police detention decision is made in relation to a person. (2) While the police detention decision is in effect in relation to a person— (a) any police officer may take the person into custody; and See also section 6D(2AA) of the **Corrections Act 1986**. (b) any police officer may detain the person. (3) A police officer may, for the purpose of taking a person into custody under a police detention decision or preventing the person from escaping from detention under this Part, exercise any of the powers that the officer would have if the officer were apprehending the person under a belief on reasonable grounds that the person— (a) had committed an indictable offence in Victoria; or (b) was escaping from legal custody. (4) Subsection (3) does not apply to the extent to which particular powers are provided for in this Part. S. 13AI inserted by No. 32/2018 s. 9. 13AI Person must be informed of detention when taken into custody At the time the police officer is taking the person into custody under section 13AH, the police officer must inform the person that they are being taken into custody for the purposes of detention under this Part. S. 13AJ inserted by No. 32/2018 s. 9. 13AJ Endorsement of record with date and time person taken into custody or detained As soon as practicable after a person is first taken into custody or detained under section 13AH, the police officer who is detaining the person under that section must endorse on the record of the police detention decision authorising that first taking into custody or detention— (a) the date on which, and time at which, the person is first taken into custody or detained; and (b) particulars of where the person is being detained. S. 13AK inserted by No. 32/2018 s. 9. 13AK Summary explaining police detention decision to be given to detained person (1) As soon as practicable after a person is first taken into custody or detained under section 13AH, the police officer who is detaining the person under that section must give the person a written summary of the grounds on which the police detention decision was made. (2) To avoid doubt, subsection (1) does not require counter-terrorism intelligence to be included in the summary. (3) Despite section 13AH(3), when a police officer takes a person into custody, the police officer does not need to— (a) have a copy of the record of the police detention decision or the summary mentioned in subsection (1) with them; or (b) produce a copy of the record or summary to the person being taken into custody. S. 13AL inserted by No. 32/2018 s. 9. 13AL Summary explaining police detention decision to be given to detained person's lawyer (1) A person who is being detained under section 13AH may request a police officer who is detaining them to arrange for a copy of the summary mentioned in section 13AK(1) to be given to a lawyer acting for the person in relation to the detention. (2) The police officer must make arrangements for a copy of the summary to be given to the lawyer as soon as practicable after the request is made. (3) Without limiting subsection (2), the copy of the summary may be sent to the lawyer by electronic communication. (4) To avoid doubt, subsection (2) does not entitle the lawyer to be given a copy of, or see, a document other than the summary. S. 13AM inserted by No. 32/2018 s. 9. 13AM Compliance with section 13AK or 13AL not required if impractical because of actions of detained person Section 13AK or 13AL does not apply if the actions of the person being detained under section 13AH make it impracticable for the police officer to comply with either section. S. 13AN inserted by No. 32/2018 s. 9. 13AN Lawfulness of person's detention not affected by non-compliance with section 13AK or 13AL The lawfulness of a person's detention under section 13AH is not affected by a failure to comply with section 13AK or 13AL. S. 13AO inserted by No. 32/2018 s. 9. 13AO Requirement to provide name etc. (1) This section applies if a police officer believes on reasonable grounds that a person whose name or address is, or whose name and address are, unknown to the police officer may be able to assist the police officer in executing a power under section 13AH. (2) The police officer may request the person to provide their name or address, or name and address, to the police officer. (3) A person commits an offence if— (a) a police officer— (i) makes a request of a person under subsection (2); and (ii) informs the person of the reason for the request; and (iii) if the police officer is not in uniform—shows the person evidence that they are a police officer; and (iv) complies with subsection (5) if the person makes a request under that subsection; and (b) the person— (i) refuses or fails to comply with the request; or (ii) gives a name or address that is false in a material particular. Penalty: 20 penalty units. (4) Subsection (3) does not apply if the person has a reasonable excuse. (5) If a police officer who makes a request of a person under subsection (2) is requested by the person to provide to the person any of the following— (a) their name; (b) the address of their place of duty; (c) their identification number if they have an identification number; (d) their rank if they do not have an identification number— the police officer must not— (f) give a name, address, number or rank that is false in a material particular. Penalty: 5 penalty units. (6) Subsection (5) does not apply if the police officer has a reasonable excuse. S. 13AP inserted by No. 32/2018 s. 9. 13AP Power to enter premises for purpose of searching for, or taking into custody, a person (a) a police detention decision is in effect in relation to a person; and (b) a police officer believes on reasonable grounds that the person is on any premises. (2) The police officer may enter the premises, using such force as is necessary and reasonable in the circumstances and with such assistance from other police officers as is necessary, at any time of the day or night for the purpose of— (a) searching the premises for the person; or (b) taking the person into custody. (3) A police officer must not enter any premises that are used for residential purposes at any time during the period commencing at 9 p.m. on a day and ending at 6 a.m. on the following day unless the police officer believes on reasonable grounds that— (a) it would not be practicable to take the person into custody, either at those premises or elsewhere, at another time; or (b) it is necessary to do so in order to prevent the concealment, loss or destruction of evidence of, or relating to, a terrorist act. S. 13AQ inserted by No. 32/2018 s. 9. 13AQ Power to conduct search of a person taken into custody under this Part (1) This section applies if a police officer who takes a person into custody under section 13AH, or who is present when the person is taken into custody, suspects on reasonable grounds— (a) that it is prudent to conduct a search of the person in order to ascertain whether the person is carrying any seizable items; or (b) that the person is carrying— (i) evidence of, or relating to, a terrorist act; or (ii) a seizable item. (2) The police officer may— (a) conduct a search of the person in the prescribed manner at, or soon after, the time when the person is taken into custody; and (b) seize any such thing found as a result of the search. (3) Any thing seized under subsection (2) must be dealt with in accordance with the regulations. S. 13AR inserted by No. 32/2018 s. 9. 13AR Detention of children in a youth justice facility (1) This section applies if a police detention decision is made in relation to a child. S. 13AR(2) amended by No. 47/2021 s. 22(3)(a). (2) If the police detention decision provides that the child must be detained under this Part in a youth justice facility, the police officer who is detaining the child must request the Secretary to authorise the detention of that child in a youth justice facility. See also section 13AD. S. 13AR(3) amended by No. 47/2021 s. 22(3)(a). (3) In all other cases, the police officer who is detaining the child under this Part may request the Secretary to authorise the detention of that child in a youth justice facility. (4) A request under subsection (2) or (3) must be accompanied by a written record that— (a) specifies that a police detention decision has been made in relation to the child; and (b) sets out— (i) the date on which, and time at which, the child was first taken into custody or detained under this Part; and (ii) whether any contact with the child has been prohibited under section 13AZZB and the terms of any prohibition. (5) The information in the record under subsection (4) must be sworn or affirmed by the authorised police officer. S. 13AR(6) amended by No. 47/2021 s. 22(3)(b). (6) If requested to do so under subsection (2) or (3), the Secretary, by instrument, may authorise the detention in a youth justice facility of a child being detained under this Part. (7) On the giving of an authorisation under subsection (6), a person at a youth justice facility acting under lawful authority on behalf of the Secretary may receive the child into the facility. See also section 483(1) and (1A) of the **Children, Youth and Families Act 2005** and section 6E(1)(cab) of the **Corrections Act 1986**. (8) If a child is being detained in a youth justice facility under this Part— (a) the officer in charge of the facility is taken to be authorised to detain the child under this Part at the facility while the police detention decision is in effect in relation to the child; and (b) section 13AY applies in relation to the child's detention under this Part at the facility as if— (i) the officer in charge of that facility; or (ii) any other person involved in the child's detention at that facility— were a police officer exercising authority under this Part in relation to the detention of the child; and (c) the police officer who made the request under subsection (2) or (3) is taken, while the child is detained at the facility, to be the police officer detaining the child for the purposes of Divisions 4, 5 and 7; and (d) a police officer may at any time enter the facility and visit the child being detained in the facility in connection with the exercise of powers under this Part and the performance of obligations in relation to the child's detention under this Part. S. 13AR(9) amended by No. 47/2021 s. 22(3)(b)(c). (9) The Secretary, by instrument, may delegate any function or power of the Secretary under this section (except this power of delegation) to any person, or class of person, employed in the Department of Justice and Community Safety under Part 3 of the **Public Administration Act 2004**. S. 13AS inserted by No. 32/2018 s. 9. 13AS Application of Children, Youth and Families Act 2005 to children detained under this Part in a youth justice facility (1) No provision of the **Children, Youth and Families Act 2005** applies in respect of the detention of a child under this Part in a youth justice facility other than the following provisions of that Act— (a) section 17(1) and, to the extent that it relates to section 597(3) or 597(4), section 17(2); (b) section 482(1) other than paragraphs (b) to (d); (c) section 482(2) other than paragraphs (a) and (b); (d) section 482(3); (e) section 483(1) and 483(1A); (f) section 487 other than paragraph (f) to the extent that that paragraph applies to discriminatory treatment that is reasonable and necessary having regard to the nature of the child's detention; (g) sections 488A to 488G; (h) section 501; (i) section 597. (2) If a provision of the **Children, Youth and Families Act 2005** applies (with or without modification) in respect of the detention under this Part of a child in a youth justice facility, any provision of the regulations made under that provision, or under that Act for or with respect to that provision, also applies in respect of that detention with any necessary modifications. (3) The **Children, Youth and Families Act 2005**, in its application in respect of the detention of a child under this Part in a youth justice facility, has effect subject to this Part and, in the event of any inconsistency between that Act and this Part, this Part prevails over that Act. S. 13AT inserted by No. 32/2018 s. 9. 13AT Transfer of detained child into legal custody of Chief Commissioner for questioning (a) a child is being detained under this Part in a youth justice facility; and (b) a police officer wants to question the child under Division 6. S. 13AT(2) amended by No. 47/2021 s. 22(4)(a). (2) An authorised police officer may request the Secretary to release the child from detention in the youth justice facility into the custody of a police officer. (3) A request under subsection (2) must be accompanied by a written record that— (a) specifies that a police detention decision has been made in relation to the child; and (b) sets out the date on which, and time at which, the child was first taken into custody or detained under this Part. (4) The information in the record under subsection (3) must be sworn or affirmed by the authorised police officer. S. 13AT(5) amended by No. 47/2021 s. 22(4)(b). (5) If requested to do so under subsection (2), the Secretary, by instrument, may authorise the release of the child from detention in the youth justice facility into the custody of a police officer. (6) On the giving of an authorisation under subsection (5), a police officer may take physical custody of the child. See also section 483(1) and (1A) of the **Children, Youth and Families Act 2005** and section 6D(2AA) of the **Corrections Act 1986**. S. 13AU inserted by No. 32/2018 s. 9. 13AU Return of child to youth justice facility at end of questioning (1) This section applies if a police officer has taken custody of a child under section 13AT(6) for the purpose of questioning that child under Division 6. (2) At the cessation of the questioning, the police officer who is detaining the child under this Part must deliver the child back to the youth justice facility at which the child was detained at the time of the request under section 13AT(2). See also section 483(1) and (1A) of the **Children, Youth and Families Act 2005** and section 6E(1)(cab) of the **Corrections Act 1986**. S. 13AV inserted by No. 32/2018 s. 9. 13AV Effect on period of detention of transfers of custody of children for questioning purposes To avoid doubt, the transfer of the custody of a child under section 13AT or 13AU does not extend the maximum period for which the child may be detained under this Part. Division 4—Informing person detained about police detention decision S. 13AW inserted by No. 32/2018 s. 9. 13AW Effect of police detention decision to be explained to person detained (1) As soon as practicable after a person is first detained under section 13AH, the police officer who is detaining the person must inform the person of the matters covered by subsection (2). 1 A contravention of this subsection may be an offence under section 13AZZX. 2 A contravention of this section does not affect the lawfulness of the person's detention under this Part (see section 13AX(5)). (2) The matters covered by this subsection are— (a) the fact that a police detention decision has been made in relation to the person; and (b) the reasons for the making of the police detention decision; and (c) the maximum period for which the person may be detained under this Part; and (d) the fact that an interim preventative detention order or preventative detention order may be applied for in relation to the person; and (e) the maximum period for which the person may be detained under a preventative detention order; and (f) the fact that the person may be questioned by a police officer while in detention under this Part and the person's entitlement to reasonable breaks during questioning; and (g) the people that the person may contact while being detained under this Part; and (h) any restrictions that may apply to the people that the person may contact while the person is being detained under this Part; and (i) the fact that the person's communication with persons referred to in section 13AZQ, and with their lawyer, may be monitored under section 13AZX or 13AZY; (j) the person's entitlement under section 13AZZL to make representations to the nominated senior police officer in relation to— (i) the exercise of powers under this Part and the performance of obligations in relation to the detention of a person under this Part; or Powers and obligations of police officers under Division 9. (k) any right the person has to complain to the Ombudsman under the **Ombudsman Act** **1973** or the IBAC under the **Independent Broad-based Anti-corruption Commission Act 2011** in relation to— (i) the making of the police detention decision in relation to the person; or (l) the fact that the person may seek from a court a remedy relating to— (i) the police detention decision; or (m) in the case of a child being detained under this Part, the child's entitlement to contact the Commission for Children and Young People under section 13AZS; and (n) the person's entitlement to contact a lawyer under section 13AZV; and (o) the person's entitlement to contact a consular office under section 13AZE or 13AZT; and (p) the person's entitlement to an interpreter under section 13AZB or 13AZD; and (q) the name and work telephone number of the nominated senior police officer referred to in paragraph (j). S. 13AX inserted by No. 32/2018 s. 9. 13AX Compliance with obligations to inform (1) Section 13AW(1) does not apply if the actions of the person being detained under this Part make it impracticable for the police officer to comply with that subsection. (2) The police officer detaining the person under this Part complies with section 13AW(1) if the police officer informs the person in substance of the matters covered by section 13AW(2) (even if this is not done in language of a precise or technical nature). (3) The police officer detaining the person under this Part must arrange for the assistance of an interpreter in complying with section 13AW(1) if the police officer has reasonable grounds to believe that the person is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language. (4) Without limiting subsection (3), the assistance of the interpreter may be provided by telephone. (5) The lawfulness of a person's detention under this Part is not affected by a failure to comply with section 13AW(1) or subsection (3) of this section. Division 5—Treatment of person detained S. 13AY inserted by No. 32/2018 s. 9. 13AY Humane treatment of person being detained A person being taken into custody, or being detained, under this Part— (a) must be treated with humanity and with respect for human dignity; and (b) must not be subjected to cruel, inhuman or degrading treatment— by anyone exercising authority under this Part or implementing or enforcing the police detention decision in relation to the person. A contravention of this section may be an offence under section 13AZZX. S. 13AZ inserted by No. 32/2018 s. 9. 13AZ Detention of children (1) Subject to subsection (2), the police officer detaining a child under this Part must ensure that the child is not detained together with persons who are 18 years of age or older. (2) Subsection (1) does not apply if the nominated senior police officer in relation to the child approves the child being detained together with persons who are 18 years of age or older. (3) The nominated senior police officer in relation to the child may give an approval under subsection (2) only if there are exceptional circumstances justifying the giving of the approval. (4) An approval under subsection (2) must— (a) be given in writing; and (b) set out the exceptional circumstances that justify the giving of the approval. S. 13AZA inserted by No. 32/2018 s. 9. 13AZA Restrictions on contact with other people (1) Except as provided under this Division, Division 6 and Division 7, while a person is being detained under this Part, the person— (a) is not entitled to contact another person; and (b) may be prevented from contacting another person. (2) While a child is being detained under this Part in a youth justice facility, the child is required to give to a police officer exercising authority under this Part any letter that the child wishes to send to any person other than— (a) the Ombudsman under the **Ombudsman Act 1973**; or (b) the IBAC under the **Independent Broad-based Anti-corruption Commission Act 2011**; or (c) the Commission for Children and Young People. (3) The officer in charge of a youth justice facility who receives— (a) from a child being detained under this Part in the facility a letter required by subsection (2) to be given to a police officer referred to in that subsection; or (b) a letter sent to a child being detained under this Part in the facility— must as soon as practicable give that letter to such a police officer. (4) Subsections (2) and (3) apply to legal documents exchanged between a lawyer and a child being detained under this Part in a youth justice facility as if that document were a letter. (5) A child being detained under this Part in a youth justice facility may retain any legal documents that are in the child's possession, subject to reasonable quantity limits imposed by the officer in charge of the youth justice facility. S. 13AZB inserted by No. 32/2018 s. 9. 13AZB Special assistance for person with inadequate knowledge of English language or disability If the police officer who is detaining a person under this Part has reasonable grounds to believe that the person is unable because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language— (a) the police officer has an obligation under section 13AX(3) to arrange for the assistance of an interpreter in informing the person about— (i) the effect of the police detention decision in relation to the person; and (ii) the person's rights in relation to their detention under this Part; and (b) the police officer has an obligation under section 13AZW(2) to give the person reasonable assistance to— (i) choose a lawyer to act for the person in relation to the order; and (ii) contact the lawyer. Division 6—Questioning Subdivision 1—Authority to question S. 13AZC inserted by No. 32/2018 s. 9. 13AZC Questioning during detention (1) Subject to this Division, a police officer may question a person being detained under this Part in connection with— (a) a terrorist act in relation to which the police detention decision relating to the person was made; or (b) any other terrorist act that— (i) has occurred within 28 days before the day on which the police detention decision relating to the person was made; or (ii) the authorised police officer who made the police detention decision has reasonable grounds to suspect could occur within 14 days after the day on which the police detention decision relating to the person was made. (2) Before any questioning under subsection (1) commences, the police officer must inform the person being detained under this Part that— (a) the person does not have to say or do anything but that anything the person does say or do may be given in evidence; and (b) the person may communicate with or attempt to communicate with a lawyer (whether the term legal practitioner or lawyer is used); and (c) if the person is not a citizen or permanent resident of Australia—the person may communicate with or attempt to communicate with the consular office of the country of which the person is a citizen; and (d) if the police officer has reasonable grounds to believe that the person is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language—the person may request the assistance of an interpreter. (3) In addition, before any questioning under subsection (1) commences, the police officer must inform the person being detained under this Part of the reasons for the making of the police detention decision. (4) The duration of any period of questioning of a person being detained under this Part must be reasonable. (5) The person must also be given— (a) a rest from questioning for a continuous period of 8 hours in any period of 24 hours of detention; and (b) reasonable breaks during any period of questioning. (6) This section does not prevent the questioning of a person being detained under this Part for the purposes of— (a) ensuring the safety and wellbeing of the person; or (b) allowing a police officer to comply with a requirement imposed by law on the police officer in relation to the detention of the person. S. 13AZD inserted by No. 32/2018 s. 9. 13AZD Questioning to be deferred to allow for interpreter (1) This section applies if a police officer has reasonable grounds to believe that a person being detained under this Part is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language. (2) A police officer must, before any questioning commences section 13AZC, arrange for the presence of a competent interpreter and defer the questioning until the interpreter is present. S. 13AZE inserted by No. 32/2018 s. 9. 13AZE Questioning to be deferred to enable communication with lawyer or consular office Subject to section 13AZH or 13AZZB, a police officer must defer questioning under section 13AZC for a time that is reasonable in the circumstances to enable the person being detained to communicate, or attempt to communicate, with— (a) a lawyer; or See also sections 13AZV and 13AZW. (b) if the person is not a citizen or permanent resident of Australia—the consular office of the country of which the person is a citizen. S. 13AZF inserted by No. 32/2018 s. 9. 13AZF Role of lawyers during questioning If a person being detained under this Part arranges for a lawyer to be present during the questioning under section 13AZC, the police officer conducting the questioning, subject to section 13AZH or 13AZZB, must— (a) before any questioning commences, allow the person to communicate with the lawyer; and (b) allow the lawyer to be present during any questioning and to give advice to the person. S. 13AZG inserted by No. 32/2018 s. 9. 13AZG Questioning of children (1) This section applies if a person being detained under this Part is a child. (2) Subject to section 13AZH or 13AZZB, a police officer must not question the child under section 13AZC unless— (a) a parent or guardian of the child or, if a parent or guardian is not available, an independent person is present; and (b) before any questioning commences, the police officer has allowed the child to communicate with the child's parent or guardian or the independent person. (3) In addition but subject to subsection (5), if the child, or parent or guardian of the child, does not arrange for a lawyer to be present during questioning under section 13AZC, a police officer must request Victoria Legal Aid to arrange for a lawyer to be present during questioning. (4) Despite anything in the **Legal Aid Act 1978**, Victoria Legal Aid must arrange a lawyer (a ***VLA arranged lawyer***) to be present during questioning and to offer to provide legal advice to the child. (5) If during questioning of the child, a police officer believes on reasonable grounds that the VLA arranged lawyer is unreasonably interfering with the questioning, the police officer may stop that lawyer from being present during that questioning. In the case of a lawyer who is not a VLA arranged lawyer, see section 13AZH. (6) During any questioning of the child, the child, the child's parent or guardian, the independent person or any lawyer who is present during questioning may request a break in the questioning if the child becomes distressed or unable to concentrate. (7) A police officer conducting the questioning must not unreasonably refuse to accede to a request under subsection (6). S. 13AZH inserted by No. 32/2018 s. 9. 13AZH Communication with lawyers, consular officials, parents, guardians or independent person may be restricted A police officer does not have to comply with section 13AZE, 13AZF or 13AZG(2) if the police officer believes on reasonable grounds that— (a) the communication or contact would result in— (i) a risk arising in relation to action being taken to prevent a terrorist act occurring; or (ii) serious harm to a person; or (iii) the destruction of evidence of, or relating to, a terrorist act; or (iv) interference with the gathering of information about— (A) a terrorist act; or (B) the preparation for, or the planning of, a terrorist act; or (v) a risk arising in relation to— (A) the arrest of a person who is suspected of having committed an offence against Part 5.3 of the Criminal Code of the Commonwealth; or (B) the taking into custody of a person in relation to whom a police detention decision is in effect, or in relation to whom a police detention decision is likely to be made; or (C) the taking into custody of a person in relation to whom a preventative detention order is in force, or in relation to whom a preventative detention order is likely to be made; or (D) the service on a person of a Commonwealth control order; or (b) the questioning is so urgent, having regard to the safety of other people, that it should not be delayed; or (c) in the case of a lawyer who is present during the questioning, the lawyer is unreasonably interfering with the questioning. Subdivision 2—Recording of questioning S. 13AZI inserted by No. 32/2018 s. 9. 13AZI Definitions In this Subdivision— S. 13AZI def. of *authorised person* amended by No. 31/2024 s. 113(Sch. 1 item 39.4). ***authorised person*** means any of the following— (a) a member of Victoria Police personnel (other than a protective services officer); (b) a person or body engaged to provide services to Victoria Police in relation to the installation or maintenance of recording equipment; (c) the Director of Public Prosecutions for Victoria or a person acting under the authority of the Director; (d) the Chief Crown Prosecutor or a Crown Prosecutor or Associate Crown Prosecutor appointed under the **Public Prosecutions Act 1994**; (e) a person employed in the Office of Public Prosecutions under the **Public Prosecutions Act 1994**; (f) a lawyer representing— (i) the State; or (ii) an informant; (g) a lawyer representing a person recorded under section 13AZK; (h) an officer or employee of Victoria Legal Aid employed under the **Legal Aid Act 1978**; (i) a court or a person acting under the direction of a court; (j) a coroner within the meaning of the **Coroners Act 2008** or a person acting under the direction of a coroner; (k) the Information Commissioner appointed under the **Freedom of Information Act 1982** or the Privacy and Data Protection Deputy Commissioner appointed under the **Privacy and Data Protection Act 2014**; (l) the Chief Examiner or an Examiner appointed under Part 3 of the **Major Crime (Investigative Powers) Act 2004** or a person acting under the direction of the Chief Examiner or an Examiner; (m) the Commissioner within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011** or a person acting under the direction of the Commissioner; (n) the Chief Integrity Inspector within the meaning of the **Integrity Oversight Victoria Act 2011** or a person acting under the direction of the Chief Integrity Inspector; (o) a member of the Legislative Assembly or Legislative Council or a person acting under the direction of the member; (p) a person, or person belonging to a class of persons, prescribed for the purposes of this definition; (q) a police officer or person acting under the direction of the police officer; (r) a person engaged by a Department or agency to store or retrieve a record; ***publish*** means— (a) insert in a newspaper or other publication; or (b) disseminate by broadcast, telecast or cinematograph; or (c) bring to the notice of the public or any member of the public by any other means, including by publication on the Internet; ***recording*** means a recording made in accordance with section 13AZK; ***representation*** has the same meaning as in the **Evidence Act 2008**. S. 13AZJ inserted by No. 32/2018 s. 9. 13AZJ Digital recordings If this Subdivision requires an audio recording or an audiovisual recording to be made and the recording is made in a digitised format, the maker of the recording must certify that the recording has not been altered after its making and that the prescribed requirements, if any, in relation to the method of recording have been met. S. 13AZK inserted by No. 32/2018 s. 9. 13AZK Recording of questioning (1) A police officer who questions a person under this Division must, in accordance with this section, record the following things (the ***questioning matter***)— (a) the questioning of the person; (b) the giving of information to the person under section 13AZC(2) and (3); (c) the person's responses (if any) to any questions and the giving of that information. (2) If the person being questioned is a child, the police officer must make an audiovisual recording of the questioning matter. (3) If the person being questioned is not a child, the police officer must ensure that— (a) an audiovisual recording is made of the questioning matter if it is practicable to do so; or (b) an audio recording is made of the questioning matter if it is not practicable for an audiovisual recording to be made of the questioning matter. S. 13AZL inserted by No. 32/2018 s. 9. 13AZL Person questioned to be given copy of recordings (1) If the questioning of a person or the giving of information is recorded as required under section 13AZK, the police officer must give to the person or the person's lawyer without charge— (a) if either an audio recording or an audiovisual recording was made, a copy of that recording as soon as practicable but not later than 7 days after the recording was made; and (b) if both an audio recording and an audiovisual recording were made— (i) the audio recording as soon as practicable but not later than 7 days after the recording was made; and (ii) if the person is charged with an offence to which the recording relates, a copy of the audiovisual recording as soon as practicable but not later than 7 days after the person is charged; and (c) if a transcript of the recording is prepared, a copy of the transcript as soon as practicable but not later than 7 days after the transcript was made. (2) The person or the lawyer representing the person may request an additional copy of the audiovisual recording referred to in subsection (1). (3) On receiving a request under subsection (2), a police officer must give an additional copy of the audiovisual recording. S. 13AZM inserted by No. 32/2018 s. 9. 13AZM Evidence of representations (1) Subject to subsection (2), evidence of a representation made by a person detained under this Part that is adverse to the person's interests is inadmissible as evidence against the person in a proceeding for an offence unless— (a) that representation was recorded by audio recording or audiovisual recording under section 13AZK; and (b) if either an audio recording or an audiovisual recording was made, that recording or, if both an audio recording and an audiovisual recording were made, the audiovisual recording is available to be tendered in evidence. (2) A court may admit evidence of a representation made by a person detained under this Part that is otherwise inadmissible by reason of subsection (1) if the person seeking to adduce the evidence satisfies the court on the balance of probabilities that the circumstances— (a) are exceptional; and (b) justify the reception of the evidence. S. 13AZN inserted by No. 32/2018 s. 9. 13AZN Offences in relation to recordings (1) A person must not knowingly possess an audio recording or an audiovisual recording unless the person— (a) is the person who was questioned and given information under section 13AZC and the audio recording or audiovisual recording is a recording of that questioning and that giving of information; or (b) is a lawyer representing the person referred to in paragraph (a); or (c) is an authorised person acting in the performance of their duties; or (d) has possession of the recording in a sealed package in the course of their duties as a person engaged by a person referred to in paragraph (a), (b) or (c) to transport the recording to that person. (2) A person must not play an audio recording or an audiovisual recording to another person unless— (a) the recording is played for purposes connected with any civil or criminal proceeding and any inquiry before any court or tribunal; or (b) the recording is played for purposes connected with an investigation of a death or a fire or an inquest held by a coroner; or (c) the recording is played for purposes connected with disciplinary action against a police officer under the **Victoria Police Act 2013**; or (d) the recording is played for purposes connected with disciplinary action against a lawyer; or (e) the recording is played in accordance with the direction of a court under section 13AZO; or (f) the recording is played by an authorised person acting in the course of their duties. (3) A person must not supply or offer to supply an audio recording or an audiovisual recording to another person other than— (b) a lawyer representing the person referred to in paragraph (a); or (c) an authorised person acting in the performance of their duties; or (d) a person engaged by a person referred to in paragraph (a), (b) or (c) to transport the recording. (4) A person, other than an authorised person acting in the performance of their duties, must not copy the whole or any part of an audio recording or an audiovisual recording or permit another person to make such a copy, unless the person is acting in accordance with the direction of a court under section 13AZO. (5) An authorised person must not knowingly or recklessly tamper with, modify or erase (in whole or in part) a recording while the recording is being retained under section 13AZP, except in accordance with the direction of a court under section 13AZO. (6) A person must not publish or cause to be published the whole or any part of an audio recording or an audiovisual recording except in accordance with the direction of a court under section 13AZO. Penalty: In the case of a natural person, level 7 imprisonment (2 years maximum); In the case of a body corporate, 1200 penalty units. S. 13AZO inserted by No. 32/2018 s. 9. 13AZO Court may give directions in relation to a recording A court may give directions, with or without conditions, as to the supply, copying, editing, erasure, playing or publishing of an audio recording or an audiovisual recording. S. 13AZP inserted by No. 32/2018 s. 9. 13AZP Retention of copy of recording (1) The Chief Commissioner must keep a copy of a recording, if the recording has been made by a police officer under this Division, in safe custody. (2) A recording referred to in subsection (1) must be kept for a period of 7 years from the making of the recording. (3) If a court is satisfied that there is good cause to keep a copy of a recording for a period longer than 7 years, the court may order that the Chief Commissioner retain the copy for a further period specified in the order. (4) An application for an order under subsection (3) may be made by— (b) an authorised person acting in the performance of the person's duties. (5) The court must not make an order under subsection (3) unless— (a) the court is satisfied that the applicant has given reasonable notice of the application to— (i) the person in relation to whom the recording was made; and (ii) the Chief Commissioner; and (b) the court has given that person and the Chief Commissioner a reasonable opportunity to be heard. (a) if a criminal proceeding to which the recording relates has commenced but has not been completed, the court hearing the proceeding; (b) in any other case, the Magistrates' Court. Division 7—Contact with other people S. 13AZQ inserted by No. 32/2018 s. 9. 13AZQ Contacting family members etc. (2) A person being detained under this Part is entitled to contact once any one or more of the following persons solely for the purposes of letting the person contacted know that the person being detained is safe and is being detained— (a) the person's parents or one of person's other family members; (b) if the person— (i) lives with another person and that other person is not a family member of the person being detained; or (ii) lives with other people and those other people are not family members of the person being detained— that other person or one of those other people; (c) if the person is employed—the person's employer; (d) if the person employs people in a business—one of the people the person employs in that business; (e) if the person engages in a business together with another person or other people—that other person or one of those other people; (f) if the police officer detaining the person agrees to the person contacting another person—that person. (3) The form of contact that the person being detained is entitled to have with another person under subsection (2) is by telephone or electronic communication. (4) To avoid doubt, the person being detained under this Part is entitled, under subsection (2), to disclose— (a) the fact that a police detention decision has been made in relation to the person; and (b) the fact that the person is being detained; and (5) In addition, a police officer detaining a person under this Part must allow the person, while being detained, to have further contact with one or more of the person's family members or any other person if it is reasonably practicable for that contact to happen. (6) To avoid doubt, the person being detained is entitled to disclose the following to a person with whom the person has contact under subsection (5)— (a) the fact that a police detention decision has been made in relation to the person; (b) the fact that the person is being detained; (7) The form of contact that the person being detained under this Part is entitled to have with another person under subsection (5) includes— S. 13AZR inserted by No. 32/2018 s. 9. 13AZR Contacting the Ombudsman or the IBAC A person being detained under this Part is entitled to contact the Ombudsman under the **Ombudsman Act 1973** or the IBAC. S. 13AZS inserted by No. 32/2018 s. 9. 13AZS Contacting the Commission for Children and Young People (1) A person being detained under this Part who is a child is entitled to contact the Commission for Children and Young People. (2) The form of contact that the child is entitled to have with another person under subsection (1) includes— S. 13AZT inserted by No. 32/2018 s. 9. 13AZT Contact with consular office (2) A person being detained under this Part who is not a citizen or permanent resident of Australia is entitled to contact the consular office of the country of which the person is a citizen. S. 13AZU inserted by No. 32/2018 s. 9. 13AZU Contact with special counsel A person being detained under this Part is entitled to contact a special counsel appointed under section 32 to represent the person's interests under Part 5 for the purposes of section 33(1)(b) or (2)(b). S. 13AZV inserted by No. 32/2018 s. 9. 13AZV Contacting lawyer (2) A person being detained under this Part is entitled to contact a lawyer but solely for the purpose of— (a) the person's entitlement to communicate with a lawyer under section 13AZE or 13AZF; or (b) obtaining advice from the lawyer about the person's legal rights in relation to— (i) the police detention decision made in relation to the person; or (ii) the questioning of the person under Division 6; or (iii) the treatment of the person while in detention under this Part; or (c) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, a proceeding in a court— (i) for a remedy relating to— (A) the police detention decision made in relation to the person; or (B) the treatment of the person while in detention under this Part; or (ii) relating to an application for a preventative detention order, a prohibited contact order or a counter-terrorism intelligence protection order; or (d) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, a complaint to the Ombudsman under the **Ombudsman Act 1973**, a complaint to the IBAC under Part 9 of the **Victoria Police Act 2013** or an investigation by the IBAC under Part 3 of the **Independent Broad-based Anti-corruption Commission Act 2011** in relation to— (i) the making of the police detention decision in relation to the person; or (ii) the treatment of the person by a police officer while in detention under this Part; or (e) arranging for the lawyer to act for the person in relation to an appearance, or hearing, before a court or tribunal in a proceeding to which the person is a party or in which the person otherwise has standing to appear that is to take place while the person is being detained under this Part. (3) The form of contact that the person being detained under this Part is entitled to have with a lawyer under subsection (2) includes— (a) being visited by the lawyer; and (b) communicating with the lawyer by telephone or electronic communication; and (c) exchanging legal documents with the lawyer. S. 13AZW inserted by No. 32/2018 s. 9. 13AZW Police assistance in choosing a lawyer in certain cases (a) the person being detained under this Part (or, if the person is a child or is incapable of managing their affairs, a person with whom the person has contact under section 13AZZ) asks to be allowed to contact a particular lawyer under section 13AZV(2); and (i) the person is not entitled to contact that lawyer because of section 13AZH or 13AZZB; or (ii) the person is not able to contact that lawyer— the police officer who is detaining the person must give the person reasonable assistance to choose another lawyer for the person to contact under section 13AZV(2). (2) If the police officer who is detaining a person under this Part has reasonable grounds to believe that— (a) the person is unable, because of inadequate knowledge of the English language, or a disability, to communicate with reasonable fluency in that language; and (b) the person may have difficulties in choosing or contacting a lawyer because of that inability— the police officer must give the person reasonable assistance (including, if appropriate, by arranging for the assistance of an interpreter) to choose and contact a lawyer under section 13AZV(2). (3) In recommending lawyers as part of giving a person assistance under subsection (1) or (2), the police officer who is detaining the person may give priority to lawyers who have been given a security clearance at an appropriate level by the Attorney-General's Department of the Commonwealth. (4) Despite subsection (3) but subject to section 13AZZB, the person is entitled under this section to contact a lawyer who does not have a security clearance of the kind referred to in subsection (3). S. 13AZX inserted by No. 32/2018 s. 9. 13AZX Monitoring contact under section 13AZQ with family members etc. (1) The contact that a person being detained under this Part has with another person under section 13AZQ may take place only if it is conducted in such a way that the contact, and the content and meaning of the communication that takes place during the contact, can be effectively monitored by a police officer exercising authority under this Part. (2) The contact may take place in a language other than English only if the content and meaning of the communication that takes place during the contact can be effectively monitored with the assistance of an interpreter. (3) Without limiting subsection (2), the interpreter referred to in that subsection may be a police officer. (4) If the person being detained indicates that they wish 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 S. 13AZY inserted by No. 32/2018 s. 9. 13AZY Monitoring contact under section 13AZV with lawyers (1) Subject to subsection (2), the contact that a person being detained under this Part has with a lawyer under section 13AZV must not be monitored. (2) The contact that a person being detained under this Part has with a lawyer under section 13AZV may be monitored if the nominated senior police officer in relation to the detained person is satisfied that it is reasonably necessary that the contact be monitored. (3) If the contact that a person being detained under this Part has with a lawyer under section 13AZV is to be monitored, the contact may take place only if it is conducted in such a way that the contact, and the content and meaning of the communication that takes place during the contact, can be effectively monitored by a police officer exercising authority under this Part. (4) The contact may take place in a language other than English only if the content and meaning of the communication that takes place during the contact can be effectively monitored with the assistance of an interpreter. (5) Without limiting subsection (4), the interpreter referred to in that subsection may be a police officer. (6) If the person being detained indicates that they wish 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 (7) The following are not admissible in evidence against the person who is being, or has been, detained under this Part in any proceedings in a court or tribunal— (a) any communication between the person and a lawyer for a purpose referred to in section 13AZV(2)(a), (b), (c), (d) or (e); (b) any information derived from, or obtained as a result of, the monitoring of any communication between the person and a lawyer for a purpose referred to in section 13AZV(2)(a), (b), (c), (d) or (e). (8) This section does not apply to any contact the person being detained has with a lawyer under section 13AZV for the purpose of any communication under section 33(1)(b) or (2)(b). S. 13AZZ inserted by No. 32/2018 s. 9. 13AZZ Special contact rules for person who is a child or incapable of managing own affairs (1) This section applies— (a) if the person being detained under this Part— (i) is a child; or (ii) is incapable of managing their affairs; and (b) subject to section 13AZZB. (2) The person is entitled, while being detained, to have contact with— (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 a police officer; and (iv) is not an AFP member or an AFP employee (within the meaning of the Australian Federal Police Act 1979 of the Commonwealth); and (v) is not a member (however described) of a police force or police service of another State or of a Territory; and (vi) is not an officer or employee of the Australian Security Intelligence Organisation. (3) To avoid doubt— (a) if the person being detained (the ***detainee***) has 2 parents or 2 or more guardians, the detainee is entitled 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 fact that a police detention decision 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— (b) communicating with the other person by telephone or electronic communication. (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) any longer period that is permitted by the police officer who is detaining the person. (6) 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 exercising authority under this Part. (7) 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 that language can be effectively monitored with the assistance of an interpreter. (8) Without limiting subsection (7), the interpreter referred to in that subsection may be a police officer. (9) If the person being detained indicates that they wish 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 S. 13AZZA inserted by No. 32/2018 s. 9. 13AZZA Nominated senior police officer must inform parent or guardian not to disclose certain information (a) the person being detained under this Part has contact under section 13AZZ(2) with a parent or guardian of the person; and (b) contact with another parent or guardian of the person is prohibited under section 13AZZB. (2) The nominated senior police officer in relation to the person being detained must inform the parent or guardian with whom the person has had contact that the parent or guardian must not disclose to the other parent or guardian information of the kind referred to in section 13AZZR(1)(b)(i), (ii) or (iii). S. 13AZZB inserted by No. 32/2018 s. 9. 13AZZB Contact prohibited in certain cases The authorised police officer who made the police detention decision that relates to the person being detained under this Part may prohibit contact under section 13AZQ, 13AZT, 13AZV, or 13AZZ if the officer believes on reasonable grounds that contact would result in— (a) a risk arising in relation to action being taken to prevent a terrorist act occurring; or (b) serious harm to a person; or (c) the destruction of evidence of, or relating to, a terrorist act; or (d) interference with the gathering of information about— (i) a terrorist act; or (ii) the preparation for, or the planning of, a terrorist act; or (e) a risk arising in relation to— (i) the arrest of a person who is suspected of having committed an offence against Part 5.3 of the Criminal Code of the Commonwealth; or (ii) the taking into custody of a person in relation to whom a police detention decision is in effect, or in relation to whom a police detention decision is likely to be made; or (iii) the taking into custody of a person in relation to whom a preventative detention order is in force, or in relation to whom a preventative detention order is likely to be made; or (iv) the service on a person of a Commonwealth control order. Division 8—Taking and using identification material S. 13AZZC inserted by No. 32/2018 s. 9. 13AZZC References to appropriate person in this Division A reference in this Division to an ***appropriate person*** in relation to a child or a person who is incapable of managing their affairs (a ***vulnerable person***), is a reference to a person who— (a) is capable of representing the vulnerable person's interests; and (b) as far as is practicable in the circumstances, is acceptable to the vulnerable person and the police officer who is detaining the vulnerable person under this Part; and (c) is none of the following— (i) a police officer; (ii) an AFP member or an AFP employee (within the meaning of the Australian Federal Police Act 1979 of the Commonwealth); (iii) a member (however described) of a police force or police service of another State or of a Territory; (iv) an officer or employee of the Australian Security Intelligence Organisation. S. 13AZZD inserted by No. 32/2018 s. 9. 13AZZD Taking identification material (1) A police officer must not take identification material from a person who is being detained under this Part except in accordance with this section. (2) A police officer who is of or above the rank of sergeant may take identification material from the person, or cause identification material from the person to be taken, if— (a) the person consents in writing; or (b) the police officer believes on reasonable grounds that it is necessary to do so for the purpose of confirming the person's identity as the person in relation to whom the police detention decision is made; or (c) the police officer believes on reasonable grounds that it is necessary to do so for the purpose of documenting an illness or injury suffered by the person while being detained under this Part. (3) A police officer may use such force as is necessary and reasonable in the circumstances to take identification material from a person under this section. (4) Subject to this section, a police officer must not take identification material (other than hand prints, finger prints, foot prints or toe prints) from— (a) a child; or (b) a person who is incapable of managing their affairs— unless the Magistrates' Court or the Children's Court (in the case of a child) orders that the material be taken. (5) In deciding whether to make an order referred to in subsection (4), the Magistrates' Court or the Children's Court (as the case requires) must have regard to— (a) the age, or any disability, of the person; and (b) such other matters as it thinks fit. (6) The taking of identification material from a child, or a person who is incapable of managing their affairs, must be done in the presence of— (b) if a parent or guardian of the person is not acceptable to the person—another appropriate person. 1 For ***appropriate person***, see section 13AZZC. 2 A contravention of this subsection may be an offence under section 13AZZX. S. 13AZZD(7) amended by No. 2/2024 s. 41(2). (7) Despite this section, identification material may be taken from a child, or a person who is incapable of managing their affairs, if— (a) subsections (9) and (10) are satisfied; or (b) subsection (9) or (10) is satisfied (but not both) and the Children's Court orders that the material be taken. (8) In deciding whether to make an order referred to in subsection (7)(b), the Children's Court must have regard to the matters set out in subsection (5). (9) For the purposes of subsection (7), this subsection is satisfied if the child or person agrees in writing to the taking of the material. (10) For the purposes of subsection (7), this subsection is satisfied if either of the following agrees in writing to the taking of the material— (a) a parent or guardian of the child or person; (b) if a parent or guardian is not acceptable to the child or person—another appropriate person. For ***appropriate person***, see section 13AZZC. S. 13AZZE inserted by No. 32/2018 s. 9. 13AZZE Use of identification material (1) This section applies if identification material is taken under section 13AZZD from a person being detained under this Part. (2) The material may be used only for the purpose of determining whether the person is the person in relation to whom the police detention decision is made. S. 13AZZE(3) amended by No. 47/2021 s. 22(5). (3) To avoid doubt, if the person is being detained in a youth justice facility under this Part, the material may be provided to the Secretary and used by them only for the purpose of identifying the person while the person is detained in the youth justice facility. S. 13AZZF inserted by No. 32/2018 s. 9. 13AZZF Destruction of identification material (a) a period of 12 months elapses after the identification material is taken under this Division from a person detained under this Part (the ***holding period***); and (b) proceedings in respect of— (i) the police detention decision relating to the person; or (ii) the treatment of the person while in detention under this Part— have not been commenced, or have been commenced and discontinued or completed, within the holding period. S. 13AZZF(2) amended by No. 47/2021 s. 22(6). (2) The identification material (including identification material provided to the Secretary) must be destroyed as soon as practicable after the end of the holding period. Division 9—End of and release from detention S. 13AZZG inserted by No. 32/2018 s. 9. 13AZZG When does detention under this Part end? (1) Subject to this section, a person's detention under this Part ends— (a) at the end of the maximum police detention period; or (b) if the person— (i) is taken into custody for the purposes of Subdivision (30A) of Division 1 of Part III of the **Crimes Act 1958** in relation to the commission of an indictable offence in Victoria; or (ii) is arrested under Division 4 of Part IAA, or Part IC, of the Crimes Act 1914 of the Commonwealth; or (iii) becomes a protected suspect (within the meaning of Part IC of the Crimes Act 1914 of the Commonwealth). (2) A person's detention under this Part must end before the end of the maximum police detention period if the police officer detaining the person, or the nominated police senior officer in relation to that person, is satisfied that the grounds on which the police detention decision in relation to the person was made have ceased to exist. The nominated police senior officer may be satisfied that the grounds on which the police detention decision in relation to the person cease to exist after the conduct of a periodic review. (3) In addition, if a preventative detention order is made in relation to the person and the order takes effect before the end of the maximum police detention period, the person's detention under this Part ends when the order takes effect. (4) If subsection (1)(a) or (2) applies, the police officer who is detaining a person under this Part must, without delay, release the person from detention or arrange for the person's release from detention. S. 13AZZH inserted by No. 32/2018 s. 9. 13AZZH Process for release of person from detention by police officer (1) The police officer who releases, or arranges in writing for the release of, a person from detention under this Part must give the person a written statement that the person is being released from that detention. The statement must be signed by the police officer. (2) Subsection (1) does not apply if the police officer releases, or arranges in writing for the release of, the person from detention so that the person may be dealt with— (a) under Subdivision (30A) of Division 1 of Part III of the **Crimes Act 1958**; or S. 13AZZH (2)(b) amended by No. 9/2025 s. 52. (b) in accordance with a warrant under section 34BA or 34BB of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth; or See also section 13AZZI. (c) under the provisions of Division 4 of Part IAA, or Part IC, of the Crimes Act 1914 of the Commonwealth. S. 13AZZI (Heading) amended by No. 9/2025 s. 53(1). S. 13AZZI inserted by No. 32/2018 s. 9. 13AZZI Warrant under section 34BA or 34BB of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth (a) a person is being detained under this Part; and S. 13AZZI (1)(b) amended by No. 9/2025 s. 53(2). (b) a warrant under section 34BA or 34BB of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth is in force in relation to the person; and (c) a copy of the warrant is given to the police officer who is detaining the person under this Part. (2) The police officer must take such steps as are necessary to ensure that the person may be dealt with in accordance with the warrant. (3) Without limiting subsection (2), the police officer may, under section 13AZZH, release, or arrange in writing for the release of, the person from detention under this Part so that the person may be dealt with in accordance with the warrant. (4) To avoid doubt, the fact that the person is released from detention under this Part so that the person may be— (a) questioned before a prescribed authority under the warrant; or (b) detained under the warrant in connection with that questioning— does not extend the period for which the police detention decision remains in effect in relation to the person. Division 10—Oversight by nominated senior police officers S. 13AZZJ inserted by No. 32/2018 s. 9. 13AZZJ Nominated senior police officers (1) The Chief Commissioner, as soon as practicable after the making of the police detention decision in relation to a person, must nominate a police officer of or above the rank of superintendent (a ***nominated senior police officer***) in relation to that person. (2) A nominated senior police officer must be someone who was not involved in the making of the police detention decision. S. 13AZZK inserted by No. 32/2018 s. 9. 13AZZK Role of nominated senior police officer A nominated senior police officer must— (a) oversee the exercise of powers under this Part and the performance of obligations in relation to the detention of the person under this Part; and (b) in accordance with section 13AZZN, undertake reviews as to whether the person's detention under this Part should continue; and (c) receive and consider any representations that are made under section 13AZZL. S. 13AZZL inserted by No. 32/2018 s. 9. 13AZZL Representations to a nominated senior police officer (1) The following persons are entitled to make representations to a nominated senior police officer in relation to a specified matter— (a) a person being detained under this Part; (b) the Ombudsman under the **Ombudsman Act 1973** or the IBAC Commissioner; (c) the Commission for Children and Young People; (d) a lawyer acting for a person being detained under this Part; (e) a person with whom a person being detained under this Part has contact under section 13AZZ(2); (f) a person exercising authority under the police detention decision in relation to the person or implementing or enforcing the decision (including, if a child is detained in a youth justice facility under this Part, the officer in charge of the facility or any other person involved in the child's detention at that facility). (2) For the purposes of subsection (1), a specified matter is— (a) the exercise of powers under this Part and the performance of obligations in relation to the detention of a person under this Part; or (b) without limiting paragraph (a), compliance with Division 9; or (c) the treatment of the person while in detention under this Part. (3) A representation under subsection (1) may be made for the purpose of a periodic review. S. 13AZZM inserted by No. 32/2018 s. 9. 13AZZM Integrity and children oversight bodies to be notified of police detention decision and person being taken into custody (1) The nominated senior police officer in relation to a person being detained under this Part must give written notice of the specified information to the following entities as soon as practicable after the officer knows of that information— (a) the Ombudsman under the **Ombudsman Act 1973**; (b) the IBAC Commissioner; (c) if the person is a child— S. 13AZZM (1)(c)(i) amended by No. 47/2021 s. 22(7). (i) the Secretary; and (ii) the Commission for Children and Young People. (2) For the purposes of subsection (1), the specified information is— (a) the making of the police detention decision; and (b) if the person in relation to whom the police detention decision is made is taken into custody under this Part, that the person has been taken into custody. S. 13AZZN inserted by No. 32/2018 s. 9. 13AZZN Periodic review of detention under this Part (1) The nominated senior police officer in relation to a person being detained under this Part must review whether the person's detention under this Part should continue. (2) Without limiting subsection (1), the nominated senior police officer must— (a) review the basis for detention under this Part including, whether the grounds on which the police detention decision in relation to the person was made have ceased to exist; and (b) assess— (i) whether there are reasonable grounds to believe that the person has committed an indictable offence in Victoria; or (ii) whether there is sufficient information for an investigating official to arrest the person in respect of the commission of an offence in Victoria, and because of that information, for the person to be in the company of an investigating official to be questioned or to participate in an investigation in order to determine the person's involvement (if any) in the commission of that offence; or (iii) whether there are reasonable grounds to believe that the person has committed a Commonwealth offence (within the meaning of Part IC of the Crimes Act 1914 of the Commonwealth); or (iv) whether the person could be a protected suspect (within the meaning of Part IC of the Crimes Act 1914 of the Commonwealth). (3) In conducting a review, the nominated senior police officer must have regard to— (a) any submission of a Public Interest Monitor under section 4K in relation to the review; and (b) any representation made under section 13AZZL. (4) The nominated senior police officer must conduct a review as soon as practicable after the person is taken into custody under this Part and, after that, no later than 12 hours after the last review. (5) In deciding when to conduct a review, the nominated senior police officer must have regard to a Public Interest Monitor's availability to perform and exercise the Monitor's functions and powers under Division 2 of Part 1A in relation to the review before it is conducted. (6) For the purposes of subsection (5), the nominated senior police officer must contact a Public Interest Monitor, in accordance with the regulations, to ascertain that availability. (7) On completing a review, the nominated senior police officer must, without delay, notify, in writing, the police officer who is detaining that person under this Part of the nominated senior police officer's conclusions on the review. See also section 4H. ***investigating official*** has the meaning given by section 464(2) of the **Crimes Act 1958**. Division 11—Restrictions on disclosure of information relating to detention S. 13AZZO inserted by No. 32/2018 s. 9. 13AZZO Definitions In this Division— ***detainee*** means a person detained under this Part. S. 13AZZP inserted by No. 32/2018 s. 9. 13AZZP Detainees prohibited from disclosing certain information A detainee commits an offence if— (a) the detainee intentionally discloses to another person— (i) the fact that a police detention decision has been made in relation to them; or (ii) the fact that they are being detained under this Part; or (iii) the fact that contact has been prohibited under this Part; and (b) the disclosure occurs while the detainee is being detained under this Part; and (c) the disclosure is not one that the detainee is entitled to make under section 13AZQ, 13AZR, 13AZS, 13AZT, 13AZU, 13AZV or 13AZZ. S. 13AZZQ inserted by No. 32/2018 s. 9. 13AZZQ Lawyers prohibited from disclosing certain information (1) A lawyer commits an offence if— (a) the detainee contacts the lawyer under section 13AZV or a person with whom the detainee has contact under section 13AZZ contacts the lawyer for a purpose for which the detainee is entitled to contact a lawyer under section 13AZV; and (b) the lawyer intentionally discloses to another person— (iii) any information that the detainee or other person gives the lawyer in the course of the contact; and (c) the disclosure occurs while the detainee is being detained under this Part; and (d) the disclosure is not made for the purposes of— (i) a proceeding in a court for a remedy relating to— (A) the police detention decision made in relation to the detainee; or (B) the treatment of the detainee while in detention under this Part; or (ii) a proceeding in a court relating to an application for a preventative detention order, a prohibited contact order or a counter-terrorism intelligence protection order; or (iii) a complaint to the Ombudsman underthe **Ombudsman Act 1973**, a complaint to the IBAC under Part 9 ofthe **Victoria Police Act 2013**, a complaint under section 52 of the **Independent Broad-based Anti‑corruption Commission Act 2011** or an investigation by the IBAC under Part 3 of that Act in relation to— (A) the making of the police detention decision; or (B) the treatment of the detainee by a police officer while in detention under this Part; or (iv) communicating with the Commission for Children and Young People in relation to the performance or exercise of the Commission's functions or powers under or in relation to this Part; or (v) making representations to the nominated senior police officer in relation to the detainee, or another police officer involved in the detainee's detention, about— (A) the exercise of powers under this Part; or (B) the performance of obligations in relation to the detainee's detention under this Part; or (C) the treatment of the detainee while in detention under this Part. (2) To avoid doubt, a lawyer does not contravene subsection (1) merely by letting another person know that the detainee is safe but is not able to be contacted for a specified period. S. 13AZZR inserted by No. 32/2018 s. 9. 13AZZR Parents or guardians prohibited from disclosing certain information (1) A parent or guardian of a detainee commits an offence if— (a) the detainee has contact with the parent or guardian under section 13AZZ; and (b) the parent or guardian intentionally discloses to another person— (iii) any information that the detainee gives the parent or guardian in the course of the contact; and (c) the other person is not a person the detainee is entitled to have contact with under section 13AZZ; and (d) the disclosure occurs while the detainee is being detained under this Part; and (e) the disclosure is not made for the purposes of— (i) a complaint to the Ombudsman under the **Ombudsman Act 1973** or the IBAC under Part 9 of the **Victoria Police Act 2013** in relation to the making of the police detention decision or the treatment of the detainee by a police officer while in detention under this Part; or (ii) contacting a lawyer whom the detainee is entitled to contact under section 13AZV for any purpose for which the detainee is entitled to contact that lawyer under that section; or (iii) making representations to the nominated senior police officer in relation to the detainee, or another police officer involved in the detainee's detention, about— (A) the exercise of powers under this Part; or (B) the performance of obligations in relation to the detainee's detention under this Part; or (C) the treatment of the detainee while in detention under this Part. S. 13AZZR(2) amended by No. 47/2021 s. 22(8)(a). (2) A person who is employed in the Department of Justice and Community Safety, or the Department of Health and Human Services, under Part 3 of the **Public Administration Act 2004** does not contravene subsection (1) merely by making a disclosure to another person employed in that Department in the exercise of powers or performance of functions under or in connection with any Act. Note to s. 13AZZR(2) amended by No. 47/2021 s. 22(8)(b). A child may be in the custody of the Secretary under the **Children, Youth and Families Act 2005**. The Secretary to the Department of Health and Human Services may have parental responsibility for a child under that Act or be the guardian of a child under the **Adoption Act 1984**. A Secretary's functions may be delegated to staff in the Department. (3) To avoid doubt, a person does not contravene subsection (1) merely by letting another person know that the detainee is safe but is not able to be contacted for a specified period. S. 13AZZS inserted by No. 32/2018 s. 9. 13AZZS Parent or guardian of detainee prohibited from disclosing certain information to another parent or guardian A parent or guardian of a detainee commits an offence if— (a) the detainee has contact with the parent or guardian under section 13AZZ; and (b) while the detainee is being detained under this Part, the parent or guardian intentionally discloses any of the following information to another parent or guardian of the detainee (the ***other parent or guardian***)— (i) the fact that a police detention decision has been made in relation to the detainee; (ii) the fact that the detainee is being detained under this Part; (iii) any information that the detainee gives the parent or guardian in the course of the contact; and (c) when the disclosure is made, the detainee has not had contact with the other parent or guardian under section 13AZZ while being detained under this Part; and (d) when the disclosure is made, the parent or guardian has been informed under section 13AZZA(2) by the nominated senior police officer in relation to the detainee that the parent or guardian must not disclose information of that kind to the other parent or guardian. S. 13AZZT inserted by No. 32/2018 s. 9. 13AZZT Nominated senior police officer may inform parent or guardian they cannot contact other parent or guardian in certain cases (1) This section applies if a parent or guardian of a detainee informs the nominated senior police officer in relation to the detainee that the parent or guardian proposes to disclose information of the kind mentioned in section 13AZZS(b) to another parent or guardian of the detainee. (2) The nominated senior police officer may inform the parent or guardian that the detainee is not entitled to contact the other parent or guardian under section 13AZZ. The parent or guardian may commit an offence against section 13AZZS if the other parent or guardian is a person the detainee is not entitled to have contact with under section 13AZZ and the parent or guardian does disclose information of that kind to the other parent or guardian. This is because of the operation of section 13AZZS(c). S. 13AZZU inserted by No. 32/2018 s. 9. 13AZZU Interpreters prohibited from disclosing certain information A person who is an interpreter and who assists in monitoring the contact that a detainee has with someone while the detainee is being detained under this Part commits an offence if— (a) the person intentionally discloses to another person— (iii) any information that the person obtains in the course of assisting in the monitoring of that contact; and (b) the disclosure occurs while the detainee is being detained under this Part. S. 13AZZV inserted by No. 32/2018 s. 9. 13AZZV Disclosure recipient prohibited from disclosing certain information they receive A person (a ***disclosure recipient***) commits an offence if— (a) a person (an ***earlier discloser***) discloses to the disclosure recipient— (i) the fact that a police detention decision has been made in relation to a person; or (ii) the fact that a person is being detained under this Part; or (iii) any information that a person communicates to a person while the person is being detained under this Part; and (b) the disclosure by the earlier discloser to the disclosure recipient contravenes— (i) section 13AZZP, 13AZZQ, 13AZZR, 13AZZS or 13AZZU; or (ii) this section; and (c) the disclosure recipient intentionally discloses that information to another person; and (d) the disclosure by the disclosure recipient occurs while the person referred to in paragraph (a)(i), (ii) or (iii) is being detained under this Part; and (e) the disclosure is not made to a person exercising authority under this Part or implementing or enforcing the decision or with responsibility for the safety or wellbeing of the person being detained under this Part. S. 13AZZW inserted by No. 32/2018 s. 9. 13AZZW Monitors of contact between detainee and lawyer prohibited from disclosing certain information (a) the person, under section 13AZY, monitors, or assists in the monitoring of, contact that a detainee has with a lawyer under section 13AZV; and (b) information is communicated in the course of that contact; and (c) the information is communicated for one of the purposes referred to in section 13AZV(2); and (d) the person intentionally discloses that information to another person. See also section 13AZZ(5). Division 12—Miscellaneous S. 13AZZX inserted by No. 32/2018 s. 9. 13AZZX Offences of contravening safeguards (a) the person does an act or omits to perform an act; and (b) the act or omission contravenes— (i) section 13AK(1); or (ii) section 13AL(2); or (iii) section 13AW(1); or (iv) section 13AY; or (v) section 13AZ(1); or (vi) section 13AZW(1); or (vii) section 13AZY(1); or (viii) section 13AZZA(2); or (ix) section 13AZZD(1), (4) or (6); or (x) section 13AZZE(2). Penalty: Level 7 imprisonment (2 years maximum). S. 13AZZY inserted by No. 32/2018 s. 9. 13AZZY Police detaining person under a police detention decision (a) a number of police officers are detaining, or involved in the detention of, a person under this Part at a particular time; and (b) a power or obligation is expressed in this Part to be conferred or imposed on the police officer detaining the person. (2) For the purposes of this Part, the power or obligation is conferred or imposed at that time on the most senior of those police officers. S. 13AZZZ inserted by No. 32/2018 s. 9. 13AZZZ Ombudsman etc. functions and powers not affected This Part does not affect a function or power of the Ombudsman under the **Ombudsman Act 1973** or the IBAC under Part 9 of the **Victoria Police Act 2013** or Part 3 of the **Independent Broad-based Anti-corruption Commission Act 2011**. S. 13AZZZA inserted by No. 32/2018 s. 9. 13AZZZA Law relating to legal professional privilege and client legal privilege not affected To avoid doubt, this Part does not affect the law relating to legal professional privilege or client legal privilege. S. 13AZZZB (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 39.5). S. 13AZZZB inserted by No. 32/2018 s. 9. 13AZZZB Report to Integrity Oversight Victoria S. 13AZZZB(1) amended by No. 31/2024 s. 113(Sch. 1 item 39.6). (1) If an authorised police officer makes a police detention decision in relation to a person and that person's detention under this Part ends in accordance with Division 9, the authorised police officer must, no later than 7 days after the end of the person's detention, make a report to Integrity Oversight Victoria in accordance with this section. (2) The report must state— (a) the name of the authorised police officer who made the police detention decision; and (b) the date and time that the person was taken into custody and detained under this Part; and (c) the date and time that the detention of the person under this Part ended; and (d) whether the person was arrested, detained under a preventative detention order or released in accordance with Division 9; and (e) the name of the nominated senior police officer in relation to the person. S. 13AZZZC inserted by No. 32/2018 s. 9. 13AZZZC Person's detention does not prevent provision of medical, dental, psychiatric, physiological or pharmaceutical services Nothing in this Part or a police detention decision prevents a person detained under this Part being taken to a place and detained there in connection with the carrying out of an examination for, or the provision of, any necessary medical, dental, psychiatric, physiological or pharmaceutical services. Pt 2A (Headings and ss 13A–13ZV) inserted by No. 5/2006 s. 4.