South Australian Numbered Acts South Australian Numbered Acts39—Special contact rules for person under 18 or incapable of managing
own affairs
(1) This section
applies if the person being detained under a preventative detention
order—
(a) is
under 18 years of age; or
(b) is
incapable of managing his or her affairs.
(2) The person is
entitled, while being detained under the order, to have contact with—
(a) a
parent or guardian of the person; or
(b)
another person who—
(i)
is able to represent the person’s interests; and
(ii)
is, as far as practicable in the circumstances,
acceptable to the person and to the police officer who is detaining the
person; and
(iii)
is not a police officer; and
(iv)
is not employed in duties related to the administration
of the police force; and
(v)
is not a member (however described) of a police force of
the Commonwealth, another State or a Territory; and
(vi)
is not an officer or employee of the Australian Security
Intelligence Organisation.
(3) To avoid
doubt—
(a) if
the person being detained (the "detainee") has 2 parents or 2 or more
guardians, the detainee is entitled, subject to section 40, to have
contact under subsection (2) with each of those parents or guardians; 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 the 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 person being detained 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 person being detained is entitled to have contact with another
person each day under subsection (2) is—
(a) 2
hours; or
(b) such
longer period as is specified in the preventative detention order.
Note—
Paragraph (b)—see section 10(7).
(6) Despite
subsection (5), the police officer who is detaining the person may permit
the person to have contact with a person under subsection (2) for a
period that is longer than the period provided for in subsection (5).
(7) The contact that
the person being detained has with another person under subsection (2)
must be conducted in such a way that the content and meaning of any
communication that takes place during the contact can be effectively monitored
by a police officer exercising authority under the preventative detention
order.
(8) If the
communication that takes place during the contact takes place in a language
other than English, the contact may continue only if the content and meaning
of the communication in that language can be effectively monitored with the
assistance of an interpreter.
(9) Without limiting
subsection (8), the interpreter referred to in that subsection may be a
police officer.
(10) If the person
being detained indicates that he or she wishes the communication that takes
place during the contact to take place in a language other than English, the
police officer who is detaining the person must—
(a)
arrange for the services of an appropriate interpreter to be provided if it is
reasonably practicable to do so during the period during which the person is
being detained; and
(b) if
it is reasonably practicable to do so—arrange for those services to be
provided as soon as practicable.