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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Summary Offences (Custody Notification Service) Amendment
Bill 2018
A BILL FOR
An Act to amend the
Summary
Offences Act 1953
.
Contents
Part 2—Amendment of Summary Offences
Act 1953
79CALRM to be
notified where Aboriginal or Torres Strait Islander person taken into
custody
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Summary Offences (Custody Notification
Service) Amendment Act 2018.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Summary Offences
Act 1953
After section 79B insert:
79C—ALRM to be notified where Aboriginal or Torres
Strait Islander person taken into custody
(1) A prescribed police
officer must, as soon as is reasonably practicable after an Aboriginal or Torres
Strait Islander person (the prisoner) is delivered into the
custody of the prescribed police officer under section 78 or 79, and in
accordance with any requirements in the regulations, contact the Aboriginal
Legal Rights Movement Ltd (the ALRM) and provide the ALRM
with—
(a) such of the following information about the prisoner as may be known
by the prescribed police officer:
(i) the prisoner's full name; and
(ii) the prisoner's date of birth or approximate age; and
(iii) any medical or other condition of which the prescribed police
officer is aware that may be affected by the incarceration of the prisoner;
and
(b) details of the police station or designated police facility at which
the prisoner is being held.
(2) The police officer
in charge of a police station or designated police facility at which a prisoner
referred to in
subsection (1)
is being held—
(a) must advise the prisoner that the ALRM has been notified that the
prisoner is in custody; and
(b) must allow a
representative of the ALRM to visit the prisoner.
(3) Without limiting a preceding subsection, if a prisoner is moved after
the ALRM is contacted under
subsection (1)
, but before the prisoner is visited under
subsection (2)(b)
, a prescribed police officer must contact the ALRM and advise the ALRM of
the police station or designated police facility to which the prisoner has been
moved (and
subsection (2)(b)
will be taken to apply in respect of visiting the prisoner at that
location).
(4) A prescribed police officer who, without reasonable excuse, refuses or
fails to comply with a requirement under this section may be dealt with under
the
Police
Complaints and Discipline Act 2016
for a breach of discipline.
(5) In this section—
prescribed police officer means—
(a) the police officer in charge of a custodial police station;
or
(b) a police officer at a designated police facility.