Terrorism (Preventative Detention) Act 2005

a person being detained under a preventative detention order (the detainee) contacts the lawyer under section 58; and

the lawyer discloses to another person—

the fact that a preventative detention order has been made in relation to the detainee; or

the fact that the detainee is being detained; or

the period for which the detainee is being detained; or

any information that the detainee gives the lawyer in the course of the contact; and

the disclosure occurs while the detainee is being detained under the order; and

the disclosure is not made for the purpose of—

an application for—

the making of a preventative detention order for the detainee; or

the revocation or variation of a preventative detention order made for the detainee; or

any proceedings in a court for a remedy relating to the preventative detention order or the treatment of the detainee in connection with the detainee’s detention under the order; or

a complaint to the ombudsman or Crime and Corruption Commission in relation to the application for, or making of, the preventative detention order or the treatment of the detainee in connection with the detainee’s detention under the order; or

making representations to the nominated police officer, or another police officer involved in the detainee’s detention, about the performance of functions and the exercise of powers in relation to the order or the treatment of the detainee in connection with the detainee’s detention under the order; orExample of a disclosure made for a purpose mentioned in subparagraphs (i) to (iv)—A lawyer briefs another lawyer in relation to work to be done for the detainee by the other lawyer in relation to an application, proceeding, complaint or representation mentioned in the subparagraphs.

an application for legal assistance; and

the lawyer knows or should have known the disclosure is unlawful.