South Australian Numbered Acts

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TERRORISM (PREVENTATIVE DETENTION) ACT 2005 (NO 71 OF 2005) - SECT 35

35—Contacting family members etc

        (1)         The person being detained is entitled to contact—

            (a)         1 of his or her family members; and

            (b)         if he or she—

                  (i)         lives with another person and that other person is not a family member of the person being detained; or

                  (ii)         lives with other people and those other people are not family members of the person being detained,

that other person or 1 of those other people; and

            (c)         if he or she is employed—his or her employer; and

            (d)         if he or she employs people in a business—1 of the people he or she employs in that business; and

            (e)         if he or she engages in a business together with another person or other people—that other person or 1 of those other people; and

            (f)         if the police officer detaining the person agrees to the person contacting another person—that other person,

by telephone, fax or email but solely for the purposes of letting the person contacted know that the person being detained is safe but is not able to be contacted for the time being.

        (2)         To avoid doubt, the person being detained is not entitled, under subsection (1), to disclose—

            (a)         the fact that a preventative detention order has been made in relation to the person; or

            (b)         the fact that the person is being detained; or

            (c)         the period for which the person is being detained.

        (3)         In this section—

"family member" of a person means—

            (a)         the person’s spouse, de facto spouse or same sex partner; or

            (b)         a parent, step parent or grandparent of the person; or

            (c)         a child, step child or grandchild of the person; or

            (d)         a brother, sister, step brother or step sister of the person; or

            (e)         a guardian or carer of the person.



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