Terrorism (Emergency Powers) Act 2003

(1) The person being detained is entitled to contact a lawyer but solely for the purpose of:

(a) obtaining advice from the lawyer about the person's legal rights in relation to:

(ii) a prohibited contact order in force in relation to the person's detention; or

(iii) the treatment of the person in relation to the person's detention under the order; or

(b) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, a proceeding in the Supreme Court relating to:

(i) the review, revocation or variation of the preventative detention order; or

(ii) the revocation or variation of a prohibited contact order in relation to the person's detention; or

(c) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, a proceeding in a court for a remedy relating to the treatment of the person in relation to the person's detention under the order; or

(d) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, a complaint to the Ombudsman or officer in charge of the Ethical and Professional Standards Command in relation to:

(i) the exercise of powers under, and the performance of duties in relation to, the preventative detention order; and

(ii) without limiting subparagraph (i), compliance with section 21T in relation to the preventative detention order; and

(iii) the person's treatment in relation to the person's detention under the preventative detention order; or

(e) arranging for the lawyer to act for the person in relation to an appearance, or hearing, before a court that is to take place while the person is being detained under the order.

(2) The form of contact that the person being detained is entitled to have with a lawyer under subsection (1) includes:

(a) the person being detained asks to be allowed to contact a particular lawyer under subsection (1); and

(i) the person is not entitled to contact that lawyer because of a prohibited contact order; or

the police officer who is detaining the person must give the person reasonable assistance to choose another lawyer for the person to contact under subsection (1).

(4) If the police officer who is detaining a person under a preventative detention order has reasonable grounds to believe:

(a) the person is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language; and

(b) the person may have difficulties in choosing or contacting a lawyer because of that inability,

the officer must give the person reasonable assistance (including, if appropriate, by arranging for the assistance of an interpreter) to choose and contact a lawyer under subsection (1).

(5) In recommending lawyers to the person being detained as part of giving the person assistance under subsection (3), the police officer who is detaining the person may give priority to lawyers who have been given a security clearance at an appropriate level by the Attorney-General's Department of the Commonwealth.

(6) Despite subsection (5) but subject to any prohibited contact order, the person being detained is entitled under this section to contact a lawyer who does not have a security clearance of the kind mentioned in subsection (5).