Terrorism (Preventative Detention) Act 2006

The detainee is entitled to contact a lawyer but solely for the purpose of —

obtaining advice from the lawyer about the detainee’s legal rights in relation to —

the PDO; or

the treatment of the detainee in connection with the detainee’s detention under the PDO;

arranging for the lawyer to act for the detainee in relation to, and instructing the lawyer in relation to, the review of the PDO by the Supreme Court;

arranging for the lawyer to act for the detainee in relation to, and instructing the lawyer in relation to, proceedings in a court for a remedy relating to —

the PDO; or

the treatment of the detainee in connection with the detainee’s detention under the PDO;

arranging for the lawyer to act for the detainee in relation to, and instructing the lawyer in relation to, a complaint under the Parliamentary Commissioner Act 1971 in relation to a matter of administration in connection with the detainee’s detention under the PDO;

arranging for the lawyer to make an allegation of serious misconduct to the Corruption and Crime Commission in connection with the detainee’s detention under the PDO;

arranging for the lawyer to make representations to the Inspector of Custodial Services that are in connection with the detainee’s detention under the PDO, and relate to the exercise of the jurisdiction of the Inspector of Custodial Services; or

arranging for the lawyer to act for the detainee in relation to an appearance, or hearing, before a court that is to take place while the detainee is in detention under the PDO.

The form of contact that the detainee is entitled to have with a lawyer under subsection (1) includes —

being visited by the lawyer; and

communicating with the lawyer by telephone, fax or email.

If —

the detainee asks to be allowed to contact a particular lawyer under subsection (1); and

either —

the detainee is not entitled to contact that lawyer because of a prohibited contact order; or

the detainee is not able to contact that lawyer,

In recommending lawyers to the detainee as part of giving the detainee assistance under subsection (3), the police officer who is detaining the detainee 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 (4) but subject to any prohibited contact order to the contrary, the detainee is entitled under this section to contact a lawyer who does not have a security clearance of the kind referred to in subsection (4).