52Contact with lawyer etc

52 Contact with lawyer etc (1) A person detained under a preventative detention order is entitled to contact a lawyer privately and at any time for the purpose of— (a) obtaining advice from a lawyer about the person’s legal rights in relation to a part 2 application; or Note Part 2 application is defined in s 9. (b) arranging for a lawyer to act for the person in relation to, and instructing a lawyer in relation to, a proceeding in the Supreme Court relating to a part 2 application; or (c) arranging for a lawyer to act for the person in relation to, and instructing a lawyer in relation to, any other proceeding in a court or tribunal for a remedy in relation to the preventative detention order, including, for example, in relation to— (i) the implementation or enforcement of the order; or (ii) the person’s treatment by anyone exercising authority (iii) the person’s detention under the order; or (d) arranging for a lawyer to act for the person in relation to, and instructing a lawyer in relation to, a complaint to the ombudsman or other entity in relation to the preventative detention order, including, for example, in relation to— (i) the making of the application for the order; or (ii) the implementation or enforcement of the order; or (iii) the person’s treatment by anyone exercising authority (iv) the person’s detention under the order; or

(e) arranging for a lawyer to act for the person in relation to an appearance, or hearing, before a court or tribunal that is to take place while the person is detained under the order. (2) The form of contact that the person may have with a lawyer under subsection (1) includes— (a) being visited by the lawyer; and (b) communicating with the lawyer by phone, fax or email. (3) The person is entitled to contact the legal aid commission by phone, fax or email to ask for assistance to choose a lawyer. Note Under s 44 (2), the police officer detaining the person must tell the person about the person’s rights to contact a lawyer and, in particular, the person’s right to contact the legal aid commission for assistance to choose a lawyer. (4) If the person contacts the legal aid commission, the commission must provide reasonable assistance to the person to choose a lawyer, including by arranging for a suitable lawyer to contact and act for the person if the person asks it to make the arrangements. (5) If the person asks the legal aid commission to provide legal representation for the person, the commission must provide the representation or arrange for it to be provided if the person cannot afford the cost of obtaining the assistance from a private lawyer. (6) For subsections (4) and (5), the legal aid commission may— (a) arrange for a lawyer to visit the person; and (b) communicate with the person by phone, fax or email at any reasonable time. (7) In making arrangements for the person, the legal aid commission may give priority to lawyers who have been given an appropriate security clearance.