Police Powers and Responsibilities Regulation 2026

This section applies if, under section 420 of the Act, the police officer—

intends to question a relevant person about the person’s involvement in the commission of the indictable offence; and

reasonably suspects the relevant person is an adult Aboriginal or Torres Strait Islander person.

Unless the police officer already knows the relevant person, the officer must, before questioning the person about the person’s involvement in the commission of the indictable offence, establish the person’s level of education and understanding.

Without limiting subsection (2), the officer may, for the purpose of establishing the relevant person’s level of education and understanding, ask the person questions, other than questions about the person’s involvement in the commission of the indictable offence, that help the officer decide if the person—

is aware of the reason why the person will be questioned about the person’s involvement in the commission of the indictable offence; and

is capable of understanding—

what is happening to the person; and

the questions the officer will ask the person; and

the person’s legal rights related to the questioning; and

is capable of effectively communicating answers to the officer’s questions.

If the police officer is required by law, or otherwise considers it is necessary, to notify a representative of a legal aid organisation about the questioning of the relevant person, the police officer must inform the person of the intention to notify the legal aid organisation in a way substantially complying with the following statement—

If the relevant person has indicated the person does not wish to telephone or speak to a support person, or have a support person present during the questioning, the police officer must inform the person that the person may have a support person present during the questioning, in a way substantially complying with the following statements—

If the police officer reasonably suspects the relevant person is at a disadvantage in comparison with members of the Australian community generally, and the person has not arranged for a support person to be present during the questioning, the police officer must—

arrange for a support person to be present during the questioning; and

unless the support person is excluded under a law from being present during the questioning, allow the support person to be present during the questioning.