Terrorism (Community Protection) Act 2003

A lawyer commits an offence if—

the detainee contacts the lawyer under section 13AZV or a person with whom the detainee has contact under section 13AZZ contacts the lawyer for a purpose for which the detainee is entitled to contact a lawyer under section 13AZV; and

the lawyer intentionally discloses to another person—

the fact that a police detention decision has been made in relation to the detainee; or

the fact that the detainee is being detained under this Part; or

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

the disclosure occurs while the detainee is being detained under this Part; and

the disclosure is not made for the purposes of—

a proceeding in a court for a remedy relating to—

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

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

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

a complaint to the Ombudsman under the Ombudsman Act 1973, a complaint to the IBAC under Part 9 of the Victoria Police Act 2013, a complaint under section 52 of the Independent Broad-based Anti‑corruption Commission Act 2011 or an investigation by the IBAC under Part 3 of that Act in relation to—

the making of the police detention decision; or

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

communicating with the Commission for Children and Young People in relation to the performance or exercise of the Commission's functions or powers under or in relation to this Part; or

making representations to the nominated senior police officer in relation to the detainee, or another police officer involved in the detainee's detention, about—

the exercise of powers under this Part; or

the performance of obligations in relation to the detainee's detention under this Part; or

the treatment of the detainee while in detention under this Part.

To avoid doubt, a lawyer does not contravene subsection (1) merely by letting another person know that the detainee is safe but is not able to be contacted for a specified period.