Restriction on contact with other people
13ZC Restriction on contact with other people
S. 13ZC inserted by No. 5/2006 s. 4.
S. 13ZC(1) amended by No. 32/2018 s. 28(1).
Except as provided by sections 13ZD, 13ZE, 13ZF, 13ZFA, 13ZFB, 13ZFC, 13ZH or 13ZNF, while a person is being detained under a preventative detention order, the person—
is not entitled to contact another person; and
may be prevented from contacting another person.
S. 13ZC(2) amended by Nos 48/2006 s. 42(Sch. item 35.6), 34/2008 s. 143(Sch. 2 item 13.5), 82/2012 s. 167(7), 37/2014 s. 10(Sch. item 167.25(a)), substituted by No. 32/2018 s. 28(2), amended by No. 32/2024 s. 1165(1).
While a person is being detained in a prison or youth justice custodial centre under a preventative detention order or an order for the person's detention made under a corresponding preventative detention law, the person is required to give to a police officer (within the meaning of this Act) or a police officer (within the meaning of Part 5.3 of the Criminal Code of the Commonwealth), as the case requires, exercising authority under the order any letter that the person wishes to send to any person other than—
the Ombudsman under the Ombudsman Act 1973; or
the IBAC under the Independent Broad‑based Anti-corruption Commission Act 2011; or
the Commission for Children and Young People; or
the Commonwealth Ombudsman under the Ombudsman Act 1976 of the Commonwealth; or
the Commissioner or an AFP appointee (within the meaning of the Australian Federal Police Act 1979 of the Commonwealth) under Part V of that Act.
S. 13ZC(3) amended by Nos 48/2006 s. 42(Sch. item 35.6), 37/2014 s. 10(Sch. item 167.25(b)(ii)), 32/2024 s. 1165(2).
A prison officer within the meaning of the Corrections Act 1986 or the officer in charge of a youth justice custodial centre who receives—
S. 13ZC(3)(a) amended by Nos 48/2006 s. 42(Sch. item 35.6), 37/2014 s. 10(Sch. item 167.25(b)(i)), 32/2024 s. 1165(2).
from a person being detained in a prison or youth justice custodial centre under an order referred to in subsection (2) a letter required by that subsection to be given to a police officer (within the meaning of this Act) or a police officer (within the meaning of Part 5.3 of the Criminal Code of the Commonwealth) exercising authority under the order; or
S. 13ZC(3)(b) amended by Nos 48/2006 s. 42(Sch. item 35.6), 32/2024 s. 1165(2).
a letter sent to a person being detained in a prison or youth justice custodial centre under an order referred to in subsection (2)—
must as soon as practicable give that letter to such a police officer.
S. 13ZC(4) amended by Nos 48/2006 s. 42(Sch. item 35.6), 32/2024 s. 1165(1).
This section applies to legal documents exchanged between a lawyer and a person being detained in a prison or youth justice custodial centre under an order referred to in subsection (2) as if that document were a letter.
S. 13ZC(5) amended by Nos 48/2006 s. 42(Sch. item 35.6), 32/2024 s. 1165(3).
A person being detained in a prison or youth justice custodial centre under an order referred to in subsection (2) may retain any legal documents that are in his or her possession, subject to reasonable quantity limits imposed by the Governor of the prison or the officer in charge of the youth justice custodial centre (as the case requires).
Notes
1 This section will not apply to the person if the person is released from detention under the order (even though the order may still be in force in relation to the person).
2 A person's entitlement to contact other people under sections 13ZD, 13ZF and 13ZH may be subject to a prohibited contact order made under section 13L or 13M (see section 13ZI).
S. 13ZD inserted by No. 5/2006 s. 4.
13ZD Contacting family members etc.
S. 13ZD(1) repealed by No. 32/2018 s. 32.
* * * * *
S. 13ZD(2) amended by No. 32/2018 s. 29.
The person being detained is entitled to contact once—
his or her parents or one of his or her other family members; and
if he or she—
lives with another person and that other person is not a family member of the person being detained; or
lives with other people and those other people are not family members of the person being detained—
that other person or one of those other people; and
if he or she is employed—his or her employer; and
if he or she employs people in a business—one of the people he or she employs in that business; and
if he or she engages in a business together with another person or other people—that other person or one of those other people; and
S. 13ZD(2)(f) amended by No. 37/2014 s. 10(Sch. item 167.26).
if the police officer detaining the person agrees to the person contacting another person—that person—
by telephone or electronic communication but solely for the purposes of letting the person contacted know that the person being detained is safe and is being detained.
To avoid doubt, the person being detained is entitled, under subsection (2), to disclose—
the fact that a preventative detention order has been made in relation to the person; and
the fact that the person is being detained; and
the period for which the person is being detained.
If the preventative detention order so allows, the person being detained, in addition to any entitlement under subsection (2), is entitled, while being detained under the order, to have further contact with one or more of his or her family members or any other person or persons, as specified in the order.
To avoid doubt, the person being detained is entitled to disclose the following to a person with whom he or she has contact under subsection (4)—
the fact that a preventative detention order has been made in relation to the person;
the fact that the person is being detained;
the period for which the person is being detained.
The form of contact that the person being detained is entitled to have with another person under subsection (4) includes—
being visited by that other person; and
S. 13ZD(6)(b) amended by No. 32/2018 s. 29.
communicating with that other person by telephone or electronic communication.
The period for which the person being detained is entitled to have contact with another person on any day under subsection (4), and the number of days on which he or she is entitled to have such contact, is as is specified in the preventative detention order.
S. 13ZE inserted by No. 5/2006 s. 4, amended by Nos 34/2008 s. 143(Sch. 2 item 13.6), 82/2012 s. 167(8).
13ZE Contacting Ombudsman etc.
The person being detained is entitled to contact the Ombudsman under the Ombudsman Act 1973 or the IBAC.
This Act’s bill:Second reading speech
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