Victorian Current Acts Victorian Current Acts(1) Subject to subsection (2), the contact that a person being detained under this Part has with a lawyer under section 13AZV must not be monitored.
Note
A contravention of this subsection may be an offence under section 13AZZX.
(2) The contact that a person being detained under this Part has with a lawyer under section 13AZV may be monitored if the nominated senior police officer in relation to the detained person is satisfied that it is reasonably necessary that the contact be monitored.
(3) If the contact that a person being detained under this Part has with a lawyer under section 13AZV is to be monitored, the contact may take place only if it is conducted in such a way that the contact, and the content and meaning of the communication that takes place during the contact, can be effectively monitored by a police officer exercising authority under this Part.
(4) The contact may take place in a language other than English only if the content and meaning of the communication that takes place during the contact can be effectively monitored with the assistance of an interpreter.
(5) Without limiting subsection (4), the interpreter referred to in that subsection may be a police officer.
(6) If the person being detained indicates that they wish 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.
(7) The following are not admissible in evidence against the person who is being, or has been, detained under this Part in any proceedings in a court or tribunal—
(a) any communication between the person and a lawyer for a purpose referred to in section 13AZV(2)(a), (b), (c), (d) or (e);
(b) any information derived from, or obtained as a result of, the monitoring of any communication between the person and a lawyer for a purpose referred to in section 13AZV(2)(a), (b), (c), (d) or (e).
(8) This section does not apply to any contact the person being detained has with a lawyer under section 13AZV for the purpose of any communication under section 33(1)(b) or (2)(b).
S. 13AZZ inserted by No. 32/2018 s. 9.