53Special contact rules for people with impaired

53 Special contact rules for people with impaired decision-making ability detention order has impaired decision-making ability. (2) The person is entitled, while detained under the order, to have contact with— (a) a parent or guardian of the person; or (b) someone else who— (i) can represent the person’s interests; and (ii) is, as far as practicable, acceptable to the person and to the police officer detaining the person; and (iii) is not a police officer; and (iv) is not an AFP employee (within the meaning of the Australian Federal Police Act 1979 (Cwlth)); and (v) is not a member (however described) of a police force or service of a State or another Territory; and (vi) is not an officer or employee of the Australian Security Intelligence Organisation. (3) To remove any doubt— (a) if the detained person has 2 parents or 2 or more guardians—the person is entitled to have contact under subsection (2) with each of the parents or guardians; and (b) the person is entitled to disclose to someone with whom the person has contact under subsection (2)— (i) the fact that the person is being detained under a preventative detention order; and

(ii) the fact that the person is safe; and (iii) the period for which the person is being detained; and (iv) where the person is being detained; and (c) the first contact under subsection (2) must be within 24 hours after each of the following: (i) the person is first detained under the preventative detention (ii) the person is further detained under an extension, or further extension, of the preventative detention order. (4) The form of contact that the detained person may have with someone under subsection (2) includes— (a) being visited by the person; and (b) communicating with the person by phone, fax or email. (5) The period for which the detained person is entitled to have contact under subsection (2) with someone each day is— (a) 4 hours; or (b) if the preventative detention order allows a longer period—that period. (6) Despite subsection (5), the police officer detaining the person may allow the person to have contact with someone under subsection (2) for longer than the period provided for in subsection (5). (7) The police officer detaining the person must take reasonable steps to assist the person in exercising the person’s right to have contact with a person under subsection (2).

(8) If the detained person is not entitled to have contact with another person under subsection (2) (b), because the other person is not acceptable to the police officer detaining the person, the police officer (a) tell the detained person the reason why the other person is not acceptable to the officer, unless this would result in the disclosure of information relating to a terrorist act; and (b) give the detained person an opportunity to nominate another person under subsection (2) with whom the detained person wishes to have contact; and (c) make a written record of the following: (i) the other person with whom the detained person sought to have contact; (ii) the reasons why the other person was not acceptable to the officer; (iii) the date and time the detained person made a request for contact under this section; (iv) whether the detained person— (A) was reminded of their right to nominate another person under subsection (2); and (B) nominated another person with whom the detained person wished to have contact.