South Australian Numbered Acts South Australian Numbered Acts37—Contacting lawyer
(1) The person being
detained is entitled to contact a lawyer but solely for the purpose of—
(a)
obtaining advice from the lawyer about the person’s legal rights in
relation to—
(i)
the preventative detention order; or
(ii)
the treatment of the person in connection with the
person's detention under the order; or
(b)
arranging for the lawyer to act for the person in relation to, and instructing
the lawyer in relation to, the review of the preventative detention order by
the Supreme Court; or
(c)
arranging for the lawyer to act for the person in relation to, and instructing
the lawyer in relation to, proceedings in a court for a remedy relating
to—
(i)
the preventative detention order; or
(ii)
the treatment of the person in connection with the
person's detention under the order; or
(d)
arranging for the lawyer to act for the person in relation to, and instructing
the lawyer in relation to, a complaint to the Police Complaints Authority
under the Police (Complaints and Disciplinary Proceedings) Act 1985 in
relation to—
(i)
the application for, or the making of, the preventative
detention order; or
(ii)
the treatment of the person by a police officer in
connection with the person's detention under the order; or
(e)
arranging for the lawyer to act for the person in relation to an appearance,
or hearing, before a court that is to take place while the person is being
detained under the order.
(2) The form of
contact that the person being detained is entitled to have with a lawyer under
subsection (1) includes—
(a)
being visited by the lawyer; and
(b)
communicating with the lawyer by telephone, fax or email.
(3) If—
(a) the
person being detained asks to be allowed to contact a particular lawyer under
subsection (1); and
(b)
either—
(i)
the person is not entitled to contact that lawyer because
of section 40 (a prohibited contact order); or
(ii)
the person is not able to contact that lawyer,
the police officer who is detaining the person must give the person reasonable
assistance to choose another lawyer for the person to contact under
subsection (1).
(4) In recommending
lawyers to the person being detained as part of giving the person assistance
under subsection (3), the police officer who is detaining the person may
give priority to lawyers who have been given a security clearance at an
appropriate level.
(5) Despite
subsection (4) but subject to section 40, the person being detained
is entitled under this section to contact a lawyer who does not have a
security clearance of the kind referred to in subsection (4) .