Terrorism (Community Protection) Act 2003

This section applies subject to section 13AZZB.

A person being detained under this Part is entitled to contact a lawyer but solely for the purpose of—

the person's entitlement to communicate with a lawyer under section 13AZE or 13AZF; or

obtaining advice from the lawyer about the person's legal rights in relation to—

the police detention decision made in relation to the person; or

the questioning of the person under Division 6; or

the treatment of the person while in detention under this Part; or

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 police detention decision made in relation to the person; or

the treatment of the person while in detention under this Part; or

relating to an application for a preventative detention order, a prohibited contact order or a counter-terrorism intelligence protection order; or

arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, a complaint to the Ombudsman under the Ombudsman Act 1973, a complaint to the IBAC under Part 9 of the Victoria Police Act 2013 or an investigation by the IBAC under Part 3 of the Independent Broad-based Anti-corruption Commission Act 2011 in relation to—

the making of the police detention decision in relation to the person; or

the treatment of the person by a police officer while in detention under this Part; or

arranging for the lawyer to act for the person in relation to an appearance, or hearing, before a court or tribunal in a proceeding to which the person is a party or in which the person otherwise has standing to appear that is to take place while the person is being detained under this Part.

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

being visited by the lawyer; and

communicating with the lawyer by telephone or electronic communication; and

exchanging legal documents with the lawyer.