58Questioning of detained person prohibited

58 Questioning of detained person prohibited (1) A person must not question someone while that person is detained under a preventative detention order except for the purpose of— (a) deciding whether the detained person is the person stated in the order; or (b) ensuring the detained person’s safety and wellbeing; or (c) allowing the person to comply with a requirement of this part in relation to the detained person’s detention under the order.

(2) A person commits an offence if— (a) the person questions someone while that person is detained under a preventative detention order; and (b) the questioning is not done for a purpose mentioned in subsection (1) (a), (b) or (c). (3) If a person questions someone while that person is detained under a preventative detention order, the first person must ensure that— (a) a video recording is made of the questioning; or (b) if it is not practicable to make a video recording of the questioning—an audio recording is made of the questioning. (4) A recording made under subsection (3) must be kept for at least 1 year after the day it is made. (5) If a person questions someone in contravention of this section, any answer to a question, and any information, document or thing obtained, directly or indirectly, because of the giving of an answer, are not admissible in evidence against the person in a civil or criminal proceeding. (6) This section does not apply in relation to questioning that is part of contact under any of the following sections: (a) section 50 (Contact with family members etc); (b) section 51 (Contact with human rights commissioner, ombudsman and integrity commissioner); (c) section 52 (Contact with lawyer etc);

(d) section 53 (Special contact rules for people with impaired decision-making ability); (e) section 54 (Person with impaired decision-making ability to be contacted by public advocate). Division 2.12 Preventative detention orders— identification material