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Contents (2002 - 115)
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Terrorism (Police Powers) Act 2002 No 115
Current version for 28 November 2018 to date (accessed 8 April 2020 at 19:25)
Part 2AA Division 3 Section 25MD
25MD   Contacting lawyer
(1)  A terrorism suspect who is under investigative detention is entitled to contact a lawyer but solely for the purpose of:
(a)  obtaining advice from the lawyer about the terrorism suspect’s legal rights in relation to:
(i)  the investigative detention, or
(ii)  the treatment of the terrorism suspect in connection with the investigative detention, or
(b)  arranging for the lawyer to act for the terrorism suspect, and instructing the lawyer, in relation to proceedings in the Supreme Court relating to the issue of a detention warrant in relation to the terrorism suspect, or
(c)  arranging for the lawyer to act for the person, and instructing the lawyer, in relation to any other proceedings in a court for a remedy relating to:
(i)  the investigative detention, or
(ii)  the treatment of the terrorism suspect in connection with the investigative detention, or
(d)  arranging for the lawyer to act for the terrorism suspect, and instructing the lawyer, in relation to a complaint to the Law Enforcement Conduct Commission in accordance with the Law Enforcement Conduct Commission Act 2016, or
(e)  arranging for the lawyer to act for the terrorism suspect in relation to an appearance, or hearing, before a court that is to take place while the terrorism suspect is under investigative detention.
(2)  The form of contact the terrorism suspect 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.
(3)  The police officer who is detaining the terrorism suspect must give the terrorism suspect reasonable assistance to choose another lawyer for the terrorism suspect to contact under subsection (1) if:
(a)  the terrorism suspect asks to be allowed to contact a particular lawyer under subsection (1), and
(b)  either:
(i)  the terrorism suspect is not entitled to contact that lawyer because of a prohibited contact direction, or
(ii)  the terrorism suspect is not able to contact that lawyer.
(4)  Without limiting the assistance that may be given to the terrorism suspect under subsection (3), the police officer may refer the terrorism suspect to the Legal Aid Commission.
(5)  The police officer who is detaining the terrorism suspect must give the terrorism suspect reasonable assistance (including, if appropriate, by arranging for the assistance of an interpreter) to choose and contact a lawyer under subsection (1) if the police officer has reasonable grounds to believe that:
(a)  the terrorism suspect is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language, and
(b)  the terrorism suspect may have difficulties in choosing or contacting a lawyer because of that inability.
(6)  In recommending lawyers to the terrorism suspect as part of giving the terrorism suspect assistance under subsection (3), the police officer who is detaining the terrorism suspect may give priority to lawyers who have been given a security clearance at an appropriate level by the Commonwealth.
(7)  Despite subsection (6) but subject to any prohibited contact direction, the terrorism suspect is entitled under this section to contact a lawyer who does not have a security clearance of the kind referred to in subsection (6).
(8)  The police officer who is detaining the terrorism suspect must, before any contact with a lawyer takes place, inform the terrorism suspect, and the lawyer, that the contact (whether it takes place by telephone, by audiovisual link or in person) will be monitored.