Contact with approved religious or spiritual adviser
43A Contact with approved religious or spiritual adviser
A person may be approved as a religious or spiritual adviser for the purposes of subsection (2) by —
the Commissioner; or
a senior police officer authorised by the Commissioner to give the approval.
A detainee is entitled to have contact with a person who is a religious or spiritual adviser approved under subsection (1) for the purpose of religious or spiritual guidance.
To avoid doubt, the detainee is entitled to disclose the following to an approved religious or spiritual adviser —
the fact that the PDO has been made in relation to the detainee;
the period for which the detainee is to be kept in detention.
The form of contact that the detainee is entitled to have with an approved religious or spiritual adviser under subsection (2) is limited to being visited by the adviser.
The police officer who is detaining the detainee must, as far as reasonably practicable, assist the detainee in exercising the detainee’s entitlement to have contact with an approved religious or spiritual adviser under subsection (2).
Before approving under subsection (1) a person who is not a religious or spiritual adviser approved under the Prisons Act 1981 section 95E(b), the Commissioner or the senior police officer must consult with the chief executive officer of the department principally assisting the Minister administering the Prisons Act 1981 to administer that Act.
[Section 43A inserted: No. 23 of 2019 s. 10.]
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