(1) This section applies if the person being detained under a preventative detention order (the detainee ):
(a) is under 18 years of age; or
(b) is incapable of managing his or her affairs.
(2) The detainee is entitled, while being detained under the order, to have contact with:
(a) a parent, guardian or decision maker (as defined in the Advance Personal Planning Act 2013 ) of the detainee; or
(b) another person who:
(i) is able to represent the detainee's interests; and
(ii) is, as far as practicable in the circumstances, acceptable to the detainee and to the police officer who is detaining the detainee; and
(iii) is not a police officer; and
(iv) is not an AFP member or AFP employee within the meaning of the Australian Federal Police Act 1979 (Cth); and
(v) is not a member (however described) of a police force of a State or another Territory; and
(vi) is not an officer or employee of the Australian Security Intelligence Organisation.
(3) To avoid doubt:
(a) if the detainee has 2 parents or 2 or more guardians or decision makers, the detainee is entitled, subject to any prohibited contact order, to have contact under subsection (2) with each of those parents, guardians or decision makers; and
(b) the detainee is entitled to disclose the following to a person with whom the detainee has contact under subsection (2):
(i) the fact that a preventative detention order has been made in relation to the detainee;
(ii) the fact that the detainee is being detained;
(iii) the period for which the detainee is being detained.
(4) The form of contact that the detainee is entitled to have with another person under subsection (2) includes:
(a) being visited by that other person; and
(b) communicating with that other person by telephone, fax or email.
(5) The period for which the detainee is entitled to have contact with another person each day under subsection (2) is:
(a) 2 hours; or
(b) the longer period specified in the preventative detention order.
(6) Despite subsection (5), the police officer who is detaining the detainee may permit the detainee to have contact with a person under subsection (2) for a period that is longer than the period provided for in subsection (5).
(7) If:
(a) the detainee has contact under subsection (2) with a parent, guardian or decision maker of the detainee ( person A ); and
(b) a prohibited contact order is in force in relation to another parent, guardian or decision maker of the detainee ( person B );
the nominated police officer in relation to the preventative detention order must inform person A that person A must not disclose to person B information of the kind mentioned in section 21ZO(3)(b).
Maximum penalty for subsection (7): Imprisonment for 5 years.