Crimes (Forensic Procedures) Act 2000

This section lists the people who may act as an interview friend of a suspect or serious indictable offender for the purposes of a provision of this Act referring to an interview friend. Different people may act as interview friends of a suspect or offender for the purposes of different provisions of this Act.

If the suspect or serious indictable offender is a child or an incapable person, the following people may act as interview friends—

a parent or guardian, or other person, chosen by, or acceptable to, the suspect or offender,

a legal representative of the suspect or offender,

if the suspect or offender identifies as an Aboriginal person or a Torres Strait Islander and none of the previously mentioned persons is available—a representative of an Aboriginal legal aid organisation or a person whose name is on the relevant list maintained under section 116 (1) who is chosen by, or acceptable to, the suspect or offender,

if none of the previously mentioned persons is available—a person who is not a police officer or in any way involved in the investigation of an offence in relation to which a forensic procedure is proposed to be carried out, or is carried out, on the suspect or offender.

Where the suspect or serious indictable offender identifies as an Aboriginal person or Torres Strait Islander, and is not covered by subsection (2), the following people may act as interview friends—

a relative or other person chosen by the suspect or offender,

an Australian legal practitioner acting for the suspect or offender,

if none of the previously mentioned persons is available—a representative of an Aboriginal legal aid organisation, or a person whose name is included in the relevant list maintained under section 116 (1).

A suspect or serious indictable offender who has a legal representative may also have an interview friend who is not the suspect’s or offender’s legal representative.