Contacting lawyer
13ZF Contacting lawyer
S. 13ZF inserted by No. 5/2006 s. 4.
The person being detained is entitled to contact a lawyer but solely for the purpose of—
S. 13ZF(1)(aa) inserted by No. 32/2018 s. 30(1)(a).
the person's entitlement to communicate with a lawyer under section 13ZND or 13ZNE; or
obtaining advice from the lawyer about the person's legal rights in relation to—
the preventative detention order; or
a prohibited contact order in force in relation to his or her detention; or
S. 13ZF(1) (a)(iia) inserted by No. 32/2018 s. 30(1)(b).
the questioning of the person under Division 5A; or
the treatment of the person in connection with the person's detention under the preventative detention order; or
S. 13ZF(1) (a)(iv) inserted by No. 32/2018 s. 30(1)(c).
any 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, proceedings in a court for a remedy relating to—
the preventative detention order; or
a prohibited contact order in force in relation to his or her detention; or
the treatment of the person in connection with the person's detention under the preventative detention order; or
S. 13ZF(1) (b)(iv) inserted by No. 32/2018 s. 30(1)(d).
any counter-terrorism intelligence protection order; or
S. 13ZF(1)(c) amended by Nos 34/2008 s. 143(Sch. 2 item 13.7), 82/2012 s. 167(9), 37/2014 s. 10(Sch. item 167.27(a)(i)).
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 application for the preventative detention order or a prohibited contact order; or
S. 13ZF(1) (c)(ii) amended by No. 37/2014 s. 10(Sch. item 167.27(a)(ii)).
the treatment of the person by a police officer in connection with the person's detention under the preventative detention order; or
S. 13ZF(1) (c)(iii) inserted by No. 32/2018 s. 30(1)(e).
any application for a counter-terrorism intelligence protection order; 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 he or she otherwise has standing to appear that is to take place while the person is being detained under the order.
The form of contact that the person being detained is entitled to have with a lawyer under subsection (1) includes—
being visited by the lawyer; and
S. 13ZF(2)(b) amended by No. 32/2018 s. 30(2).
communicating with the lawyer by telephone or electronic communication; and
exchanging legal documents with the lawyer.
S. 13ZF(3) amended by No. 37/2014 s. 10(Sch. item 167.27(b)).
If—
the person being detained (or, if he or she is under 18 years of age or is incapable of managing his or her affairs, a person with whom he or she has contact under section 13ZH) asks to be allowed to contact a particular lawyer under subsection (1); and
either—
S. 13ZF(3)(b)(i) amended by No. 32/2018 s. 30(3).
the person is not entitled to contact that lawyer because of section 13ZI (prohibited contact order) or section 13ZNG; or
the person is not able to contact that lawyer—
the police officer who is detaining the person must give the person reasonable assistance to choose another lawyer for the person to contact under subsection (1).
Note
A contravention of this subsection may be an offence under section 13ZN.
S. 13ZF(4) amended by No. 37/2014 s. 10(Sch. item 167.27(c)).
If the police officer who is detaining a person under a preventative detention order has reasonable grounds to believe that—
the person is unable, because of inadequate knowledge of the English language, or a disability, to communicate with reasonable fluency in that language; and
the person may have difficulties in choosing or contacting a lawyer because of that inability—
the police officer must give the person reasonable assistance (including, if appropriate, by arranging for the assistance of an interpreter) to choose and contact a lawyer under subsection (1).
S. 13ZF(5) amended by No. 37/2014 s. 10(Sch. item 167.27(d)).
In recommending lawyers as part of giving a person assistance under subsection (3) or (4), the police officer who is detaining the person may give priority to lawyers who have been given a security clearance at an appropriate level by the Attorney-General's Department of the Commonwealth.
Despite subsection (5) but subject to section 13ZI, the person is entitled under this section to contact a lawyer who does not have a security clearance of the kind referred to in subsection (5).
This Act’s bill:Second reading speech
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