Terrorism (Preventative Detention) Act 2006

This section applies if the detainee —

is under 18 years of age; or

is incapable of managing his or her affairs.

The detainee is entitled to have contact with —

a parent or guardian of the detainee; or

another person who —

is able to represent the detainee’s interests;

is, as far as practicable in the circumstances, acceptable to the detainee and to the police officer who is detaining the detainee;

is not a police officer;

is not employed in duties related to the administration of the police force;

is not a member (however described) of a police force of the Commonwealth, another State or a Territory; and

is not an officer or employee of the Australian Security Intelligence Organisation.

To avoid doubt —

if the detainee has 2 parents or 2 or more guardians, the detainee is entitled, subject to any prohibited contact order to the contrary, to have contact under subsection (2) with each of those parents or guardians; and

the detainee is entitled to disclose the following to a person with whom the detainee has contact under subsection (2) —

the fact that the PDO has been made in relation to the detainee;

the fact that the detainee is in detention;

the period for which the detainee is to be kept in detention.

The form of contact that the detainee is entitled to have with another person under subsection (2) includes —

being visited by that other person; and

communicating with that other person by telephone, fax or email.

The aggregate period for which the detainee is entitled to have contact with a person or persons each day under subsection (2) is —

2 hours; or

such longer period as is specified in the PDO.

Despite subsection (5), the police officer who is detaining the detainee may permit the detainee to have contact with a person or persons under subsection (2) for longer than the period provided for in subsection (5).

The contact that the detainee has with a person under subsection (2) must be conducted in such a way that the content and meaning of any communication that takes place during the contact can be effectively monitored by a police officer exercising authority under the PDO.

If the communication that takes place during the contact takes place in a language other than English, the contact may continue only if the content and meaning of the communication in that language can be effectively monitored with the assistance of an interpreter.

Without limiting subsection (8), the interpreter referred to in that subsection may be a police officer.

If the detainee indicates that he or she wishes the communication that takes place during the contact to take place in a language other than English, the police officer who is detaining the detainee must —

arrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the detainee is being kept in detention; and

if it is reasonably practicable to do so — arrange for those services to be provided as soon as practicable.

The entitlements of the detainee under this section are in addition to those that the detainee has under sections 41, 43 and 43A.

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 persons under this Part.

Without limiting subsection (12), the requirement under that subsection includes giving the detainee reasonable assistance in locating any person with whom the detainee is entitled to have contact under this Part.

If the detainee is not entitled to have contact with another person because the other person is not acceptable to the police officer who is detaining the detainee, the police officer must —

give the detainee reasons why the person is not acceptable, unless doing so would result in the disclosure of criminal intelligence information; and

give the detainee an opportunity to nominate another person with whom the detainee is entitled to have contact; and

offer the detainee contact with another person who is acceptable to the police officer and who has relevant experience in working with 1 or more of the following, as appropriate in the circumstances —

young people;

persons incapable of managing their own affairs;

persons in a class of persons prescribed for the purposes of this subsection.

In subsection (14) —

to prejudice national security; or

to endanger a person’s life or physical safety; or

to threaten significant damage to infrastructure or property; or

to prejudice a criminal investigation; or

to reveal intelligence‑gathering methodologies, investigative techniques or technologies or covert practices; or

to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement.