Youth Justice Act 2005

For this Part, a support person, in relation to a youth, is one of the following:

a responsible adult in respect of the youth;

a person nominated by the youth;

a legal practitioner acting for the youth;

a person called upon under subsection (5).

A person cannot be a support person if he or she is, in the opinion of a police officer dealing with a youth, an accomplice of the youth in the alleged offence or likely to lose, destroy or fabricate evidence relating to the offence.

A youth cannot be a support person, but nothing prevents a youth who is being dealt with under this Act requesting another particular youth be present as well as a support person.

Unless in the person's capacity as a responsible adult in respect of the youth, a police officer or a person employed at a detention centre cannot be a support person.

If a police officer has made reasonable attempts to have a person mentioned in subsection (1)(a), (b) or (c) present but it was not practicable for any such person to be present within 2 hours, the officer may call upon a person from the register maintained under section 14 to be the support person.

If a youth requests that another particular youth be present as well as a support person, a police officer dealing with the youth must accommodate the request, if practicable, unless:

the officer considers that the other youth is an accomplice in the alleged offence or likely to lose, destroy or fabricate evidence relating to the offence; or

it would lead to undue delay after the time in which a support person is able to be present.