Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TERRORISM (COMMUNITY PROTECTION) ACT 2003 - SECT 13ZD

Contacting family members etc.


S. 13ZD(1) repealed by No. 32/2018 s. 32.

    *     *     *     *     *

S. 13ZD(2) amended by No. 32/2018 s. 29.

    (2)     The person being detained is entitled to contact once—

        (a)     his or her parents or one of his or her other 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 one 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—one 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 one of those other people; and

S. 13ZD(2)(f) amended by No. 37/2014 s. 10(Sch. item 167.26).

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

by telephone or electronic communication but solely for the purposes of letting the person contacted know that the person being detained is safe and is being detained.

    (3)     To avoid doubt, the person being detained is entitled, under subsection (2), to disclose—

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

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

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

    (4)     If the preventative detention order so allows, the person being detained, in addition to any entitlement under subsection (2), is entitled, while being detained under the order, to have further contact with one or more of his or her family members or any other person or persons, as specified in the order.

    (5)     To avoid doubt, the person being detained is entitled to disclose the following to a person with whom he or she has contact under subsection (4)—

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

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

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

    (6)     The form of contact that the person being detained is entitled to have with another person under subsection (4) includes—

        (a)     being visited by that other person; and

S. 13ZD(6)(b) amended by No. 32/2018 s. 29.

        (b)     communicating with that other person by telephone or electronic communication.

    (7)     The period for which the person being detained is entitled to have contact with another person on any day under subsection (4), and the number of days on which he or she is entitled to have such contact, is as is specified in the preventative detention order.

S. 13ZE inserted by No. 5/2006 s. 4,
amended by Nos 34/2008 s. 143(Sch. 2 item 13.6), 82/2012 s. 167(8).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback