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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 2020
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 2020.
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) This section applies where an Aboriginal or Torres Strait Islander
person (the prisoner) has been apprehended by a police officer
(whether with or without a warrant) and delivered into the custody of a
prescribed custodial officer.
(2) A prescribed
custodial officer must, as soon as is reasonably practicable after a prisoner is
delivered into the custody of the prescribed custodial officer, notify the
Aboriginal Legal Rights Movement Ltd (the ALRM) in accordance with
this section.
(3) A notification under this section—
(a) must be in a manner and form determined by the ALRM; and
(b) must specify where the prisoner is being held in custody;
and
(c) must include such of the following information about the prisoner as
may be known by the prescribed custodial 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 affect, or be affected by, the incarceration of the
prisoner,
and may include any other information the prescribed custodial officer
considers appropriate.
(4) On the making of a
notification under this section, a prescribed custodial officer—
(a) must advise the prisoner to whom the notification relates 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.
(5) Without limiting a preceding subsection, if a prisoner is moved after
a notification is made under this section, but before the prisoner is visited
under
subsection (4)(b)
, a prescribed custodial officer must contact the ALRM and advise the ALRM
of the facility to which the prisoner has been moved (and
subsection (4)(b)
will be taken to apply in respect of visiting the prisoner at that
location).
(6) A prescribed custodial officer who, without reasonable excuse, refuses
or fails to comply with a requirement under this section may be dealt
with—
(a) in the case of a prescribed custodial officer who is a police
officer—under the
Police
Complaints and Discipline Act 2016
for a breach of discipline; or
(b) in any other case—in accordance with the Act or law dealing with
disciplinary matters in relation to officers or employees of the relevant
kind.
(7) To avoid doubt, this section applies in relation to a prisoner who is
a child.
(8) For the purposes of this section, a prisoner will be taken to have
been delivered into the custody of a prescribed custodial officer if the
prisoner is admitted into a training centre or other facility established under
the
Youth
Justice Administration Act 2016
.
(9) In this section—
prescribed custodial officer means—
(a) the police officer in charge of a custodial police station;
or
(b) a police officer at a designated police facility; or
(c) in the case of a prisoner admitted in a training centre or other
facility established under the
Youth
Justice Administration Act 2016
—the manager of the training centre or other facility; or
(d) any other person, or person of a class, prescribed by the
regulations.