Victorian Current Acts Victorian Current ActsS. 104AC(1) amended by No. 45/2017 s. 31(1).
(1) With the permission of the officer in charge of a police gaol or a police custody officer supervisor, any person may enter the police gaol and visit a detained person.
S. 104AC(2) amended by No. 45/2017 s. 31(2).
(2) If a person wishing to visit a detained person is a lawyer acting in the course of the lawyer's practice, the officer in charge of a police gaol or a police custody officer supervisor (as the case requires)—
(a) must not unreasonably refuse permission to the lawyer to visit the police gaol; and
(b) in deciding whether to give or refuse permission to the lawyer to visit the police gaol must have regard to—
(i) the interests of the security of the police gaol and the safe custody of any person held at the police gaol; and
(ii) the principle that a person held in custody should, in the interests of justice, have reasonable access to a legal representative.
S. 104AC(3) amended by No. 45/2017 s. 31(3).
(3) If a person wishing to visit a police gaol is under the age of 18 years, the officer in charge of the police gaol or a police custody officer supervisor (as the case requires) may require that the person is accompanied by a parent or guardian.
(4) A person wishing to visit, or visiting, a police gaol must, at the request of a police officer or police custody officer, provide—
(a) the prescribed information of the person's identity; and
(b) the prescribed documents of the person's identity to the satisfaction of the police officer or police custody officer.
(5) The information requested by the police officer or police custody officer under subsection (4) in relation to a person under the age of 18 years must be reasonable in the circumstances.
(6) A person must not, in response to a request made under subsection (4), give any information, document or material which is false or misleading.
Penalty: 2 penalty units.
(7) If a person fails to comply with a request made under subsection (4), or the police officer or police custody officer believes on reasonable grounds that a person has contravened subsection (6), the police officer or police custody officer may—
(a) make an order prohibiting the person from entering the police gaol to visit a detained person; or
(b) order the person to leave the police gaol immediately.
(8) A person must comply with an order made under subsection (7).
Penalty: 2 penalty units.
S. 104AC(9) amended by No. 45/2017 s. 31(4).
(9) The officer in charge of a police gaol or a police custody officer supervisor may order a visitor to leave the police gaol immediately if the officer in charge or the police custody officer supervisor (as the case requires) believes on reasonable grounds that the order is necessary for the security, good order and management of the police gaol or for the safety of any person at the police gaol.
(10) A person must comply with an order made under subsection (9).
Penalty: 5 penalty units.
S. 104AC(11) inserted by No. 45/2017 s. 31(5).
(11) The officer in charge of a police gaol may overturn either of the following decisions and decide the matter—
(a) a decision of a police custody officer supervisor to grant, or not to grant, permission to enter the police gaol and visit a detained person;
(b) an order to leave the police gaol made by a police custody officer supervisor under subsection (9).
S. 104AD inserted by No.
59/2015
s. 16.