26ZHSpecial contact rules for person under 18 or with impaired intellectual functioning

#### 26ZH Special contact rules for person under 18 or with impaired intellectual functioning 26ZH Special contact rules for person under 18 or with impaired intellectual functioning > > (1) This section applies if the person being detained under a preventative detention order— > > > > > (a) is under 18 years of age, or > > > > > (b) has impaired intellectual functioning. > > > (2) The person is entitled, while being detained under the order, to have contact with— > > > > > (a) a parent or guardian of the person, or > > > > > (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 AFP employee (within the meaning of the [Australian Federal Police Act 1979](http://www.legislation.gov.au/) of the Commonwealth), and > > > > > > > (v) is not a member (however described) of a police force of any other State or 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, subject to any prohibited contact order, 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 preventative detention order 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 detainee is entitled to have with another person under subsection (2) includes— > > > > > (a) being visited by that other person, and > > > > > (b) communicating with that other person by telephone, fax or email. > > > (5) The period for which the detainee is entitled to have contact with another person each day under subsection (2) is— > > > > > (a) 4 hours, or > > > > > (b) such longer period as the Supreme Court determines and specifies in the preventative detention order. > > > (6) Despite subsection (5), the police officer who is detaining the person may permit the detainee to have contact with a person under subsection (2) for a period that is longer than the period provided for in subsection (5). > > > (7) The police officer who is detaining a person under a preventative detention order is, as far as is reasonably practicable, to assist the person in exercising the person’s entitlement to contact under this Division. > > > (8) Without limiting subsection (7), the police officer who is detaining a person under a preventative detention order is to assist in locating any person with whom the person being detained is entitled to have contact under this Division. > > > (9) If the person being detained under a preventative detention order is not entitled to have contact with another person because the other person is not acceptable to the police officer who is detaining the person, the police officer must— > > > > > (a) give the person being detained reasons the other person is not acceptable to the police officer (unless doing so would result in the disclosure of criminal intelligence within the meaning of section 25K), and > > > > > (b) give the person being detained an opportunity to nominate another person with whom the person being detained is entitled to have contact, and > > > > > (c) offer the person being detained, as an alternative to contact with any other person who is not acceptable to the police officer, a person who has specialist expertise in working with children and young people and, if appropriate in the circumstances, with culturally and linguistically diverse communities. > > **s 26ZH:** Ins 2005 No 114, Sch 1 \[1\]. Am 2010 No 72, Sch 1 \[11\] \[12\]; 2018 No 92, Sch 1 \[17\] \[18\].