Terrorism (Community Protection) Act 2003

This section applies if a person being detained under a preventative detention order is a child.

Subject to sections 13ZI and 13ZNG, a police officer must not question the child under section 13ZNB unless—

a parent or guardian of the child or, if a parent or guardian is not available, an independent person is present; and

before any questioning commences, the police officer has allowed the child to communicate with the child's parent or guardian or the independent person.

In addition but subject to subsection (5), if the child, or parent or guardian of the child, does not arrange for a lawyer to be present during questioning under section 13ZNB, a police officer must request Victoria Legal Aid to arrange for a lawyer to be present during questioning.

Despite anything in the Legal Aid Act 1978, Victoria Legal Aid must arrange a lawyer (a VLA arranged lawyer) to be present during questioning and to offer to provide legal advice to the child.

If during questioning of the child, a police officer believes on reasonable grounds that the VLA arranged lawyer is unreasonably interfering with the questioning, the police officer may stop that lawyer from being present during that questioning.

During any questioning of the child, the child, the child's parent or guardian, the independent person or any lawyer who is present during questioning may request a break in the questioning if the child becomes distressed or unable to concentrate.

A police officer conducting the questioning must not unreasonably refuse to accede to a request under subsection (6).